32 Mo. 390 | Mo. | 1862
delivered the opinion of the court.
This suit was brought for the settlement of a partnership account. The case was referred to commissioners to ascertain and state the accounts between the parties. The commissioners reported, and the plaintiff filed exceptions to the report, with a motion to vacate and set aside the report. The court refused to vacate and set aside the report; but the report does not show either that the exceptions were allowed or refused, or that the report was confirmed, and the report itself is not contained in the transcript of the record filed in this court.
Afterwards, it appears-by the record that the cause was submitted to the court, and the plaintiff asked the court to declare that the report should not be confirmed, and that the exceptions to the report should be allowed, which declaration the court refused to make; and the plaintiff then asked leave to take a non-suit, to which the defendant objected. The court permitted the plaintiff to take a non-suit, to which the defendant excepted and brings the case up by writ of error.
The judgment of the court below is affirmed.