Schlueter v. Albert
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. Hon. Maukioe Ckamek, Judge. (1) Mrs. O’Donoghue, widow of appellant’s intestate, is a competent witness for her husband’s estate as to the facts coming to her knowledge after her husband’s death.
Read the full summary
Appeal from Cape Girardeau Court of Common Pleas. Hon. Maukioe Ckamek, Judge. (1) Mrs. O’Donoghue, widow of appellant’s intestate, is a competent witness for her husband’s estate as to the facts coming to her knowledge after her husband’s death. Scroggin v. Holland, 16 Mo. 419; Stein v. Weid-man's Adm'r, 20 Mo. 17; Sherwood's Adm'r v. Hill, 25 Mo. 391. (2) As the manuscript was unfinished and O’Donoghue was still at work on it when he died, May 10 ór 11, 1883, the statute of limitations did not begin to run against the demand in his lifetime; and, not beginning to run before his death, it…
1Opinion of the CourtBiggs, J.
The plaintiff is the public administrator of Cape Girardeau county, and, as such, has in charge the administration of the estate of A. H. O’Donoghue, deceased. On the thirtieth day of October, 1888, the plaintiff presented to the Cape Girardeau court of common pleas a demand for allowance and classification against the estate of John P. Hitt, deceased, in which he claimed that his intestate had performed certain literary work for John P. Hitt of a certain value stated. The case was tried by a jury, and the defendant obtained a verdict and judgment, and the plaintiff has prosecuted this appeal.
2Cases cited5 opinions
- Cannon v. MooreMissouri Court of Appeals · 1885
- Baird v. . ReynoldsSupreme Court of North Carolina · 1888
- McCraw v. HubbleSupreme Court of Missouri · 1875
- Ross v. MurphySupreme Court of Missouri · 1874
- Schulenburg v. EvansSupreme Court of Missouri · 1875
3Cited by3 opinions
- Griesel v. JonesMissouri Court of Appeals · 1907
- Stanton v. GibbinsMissouri Court of Appeals · 1903
- Troll v. City of St. LouisSupreme Court of Missouri · 1914