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13 Mo. 93

Reed v. Harrington

Supreme Court of Missouri

Decided January 15, 1850

Supreme Court of Missouri · decided 1850-01-15

This was an action by petition in debt founded upon a bond, brought by Harrington against James and John Reed, to the September term of the Jackson Circuit Court, 1847. The defendants below pleaded the general issue, and filed their petition for discovery, charging usury and part payment of the bond. The plaintiff below answered their petition, denying all the allegations in the bill, and the facts were submitted to the court.

Decided 1850-01-15

RYLAND, J.

¶1The evidence in this ease was submitted to the court below, sitting as a jury. There was no exception taken to any evidence. No instructions asked for as to the law governing the case. All the evidence offered consisted of the bond given by plaintiffs in error to the defendant in error, and the hill of discovery filed by plaintiffs in error aid the defendant’s answer thereto. We cannot see any cause the plaintiffs in error have to complain of the action of the court below. That court was fully authorized, from the evidence before it, to find the facts, as it did, in favor of plaintiff below. There is no error appearing to us on the record requiring interposition; no legal principle requiring our opinion ; no particular fact complained of as error. Let the judgment he affirmed.

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