Hoose v. Hines

• Citation: 180 S.W. 30
• Decision Date: 18 November 1915
• Docket Number: No. 1664.,1664.
• Parties: VAN HOOSE v. HINES.
• Court: Court of Appeal of Missouri (US)

180 S.W. 30

VAN HOOSE v. HINES.

No. 1664.

Springfield Court of Appeals, Missouri.

November 18, 1915.

Appeal from Circuit Court, Jasper County; D. E. Blair, Judge.

Action by B. L. Van Hoose against Frank Hines. From a judgment confirming a referee's report, plaintiff appeals. Affirmed.

McReynolds & Halliburton, of! Carthage, for appellant. J. D. Harris, of Carthage, for respondent.

ROBERTSON, P. J.

This case was brought by the plaintiff against the defendant to dissolve the partnership existing between them, and for an accounting. A temporary injunction was obtained by the plaintiff against the defendant enjoining him from interfering with the partnership property; also a receiver was appointed to take charge of the property. When the issues in the case were made up a referee was appointed, who took the testimony, made findings of fact and conclusions of law sustaining the injunction, dissolving the partnership, and rendering an account between the parties. The plaintiff filed exceptions to the report, which were overruled, and the report of the referee adopted. The plaintiff filed a motion for a new trial complaining of the action of the court in entering up judgment in conformity with the referee's report. The motion for a new trial was overruled, plaintiff excepted and perfected his appeal to this court. It is here urged that the account rendered between the parties by the referee is erroneous.

The record submitted here simply states that plaintiff filed exceptions to the report of the referee, no mention being made of what the exceptions consisted. Nowhere in the record is it stated that the plaintiff saved any exception to the overruling of his exceptions. By section 2012 and 2013, R. S. 1909, the exceptions to the report of a referee are made the foundation for the right of a review.

"When a case has been referred, the hearing before the court is upon the report of the referee, and the exceptions filed thereto. These exceptions must specifically point out the rulings which are challenged. Smith v. Haley, 41 Mo. App. 611. If they do not inform the court in what respect the report of the referee was not warranted by the law or the evidence, they will be disregarded. Wiggins Ferry Co. v. Railroad, 73 Mo. loc. cit. 419 ; Singer Mfg. Co. v. Givens, 35 Mo. App. 602; Dallas v. Brown, 90 Mo. App. 493; Cahill v. McCornish, 74 Mo. App. 609. And if no exception be saved to the ruling of the court upon these written exceptions to the referee's...