Legal Opinion

Vermillion v. LeClare

Missouri Court of Appeals

Decided May 6, 1901PublishedCited by 9 opinions

Appeal from Osage Circuit Court. — Hon. John W. Booth, Judge. (1) The court erred in admitting tbe testimony of witnesses as to statements made to Mrs. LeOlare, both before and after her‘marriage to defendant. O’Neil v. Crain, 67 Mo. 250; 1 Phillips on Ev., side p. 517; Coble v. McDaniel, 33 Mo. 363; Eougue v. Burgess, 71 Mo. 389; Gentry v. Eield, 143 Mo. 399; State v. Pruett, 144 Mo. 92; Courtney v. Blackwell, 150 Mo. 245; Dunn v. Altman, 50 Mo.

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Appeal from Osage Circuit Court. — Hon. John W. Booth, Judge. (1) The court erred in admitting tbe testimony of witnesses as to statements made to Mrs. LeOlare, both before and after her‘marriage to defendant. O’Neil v. Crain, 67 Mo. 250; 1 Phillips on Ev., side p. 517; Coble v. McDaniel, 33 Mo. 363; Eougue v. Burgess, 71 Mo. 389; Gentry v. Eield, 143 Mo. 399; State v. Pruett, 144 Mo. 92; Courtney v. Blackwell, 150 Mo. 245; Dunn v. Altman, 50 Mo. App. 231; Mahner v. Linclc, 70 Mo. App. 380; Cazier v. Hinchey, 143 Mo. 203; Gordon v. Burris, 141 Mo. 602; 2 Watermann on Trespass, note to p. 289;…

1Opinion of the CourtSmith, P. J.

The petition in this case contained in substance the following allegations: 1. That plaintiff was public administrator of Osage county, etc. 2. That John Durand died intestate in the county of St. Louis in 1866, leaving surviving him his widow, Virginia Durand, and five children, and seized and possessed of personal property, viz.; money on hand amounting to $2,000, and stock of the aggregate value of $1,000. 3. That immediately after the death of said John Durand his said widow with her children moved to said Osage county, taking with her the sáid money and property. 4. That shortly after…

2Cases cited19 opinions

  1. Griffith v. FrazierSupreme Court of the United States · 1814
  2. Johnson v. BeazleySupreme Court of Missouri · 1877
  3. Burgert v. BorchertSupreme Court of Missouri · 1875
  4. Anderson v. McPikeSupreme Court of Missouri · 1885
  5. Carson v. SmithSupreme Court of Missouri · 1896

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3Cited by9 opinions

  1. American Car & Foundry Co. v. AndersonCourt of Appeals for the Eighth Circuit · 1914
  2. Griesel v. JonesMissouri Court of Appeals · 1907
  3. Troll v. Third National BankSupreme Court of Missouri · 1919
  4. In the Matter of Virgil D. Williams Janet Rosenauer, Andrew County Public Administrator, as his Guardian and Conservator v. Betty Lou WilliamsMissouri Court of Appeals · 2019
  5. Strode v. BiermanMissouri Court of Appeals · 1903

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