Banks v. Galbraith
Supreme Court of Missouri
Appeal from Holt Circuit Court. — ITon. O. A. Anthony, Judge. (1) The court erred in admitting the evidence of witnesses G. W. Kelly, Arch Thornhill, Dr. H. M. Wilson, and Jas. Dyche over the objection of the plaintiffs, of the statements of the deceased, William Banks, in his lifetime as to Joe Banks’ illegitimacy.
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Appeal from Holt Circuit Court. — ITon. O. A. Anthony, Judge. (1) The court erred in admitting the evidence of witnesses G. W. Kelly, Arch Thornhill, Dr. H. M. Wilson, and Jas. Dyche over the objection of the plaintiffs, of the statements of the deceased, William Banks, in his lifetime as to Joe Banks’ illegitimacy. The testimony, as well as the statements of the father,is inadmissible to illegitimate or bastardize a child; while the admission of its legitimacy, or its recognition and treatment as a child, is strong evidence of the existence of a valid marriage with the mother. Jackson v.…
1Opinion of the CourtGantt, P. J.
This is an action by plaintiffs to establish their rights as pretermitted heirs of William Banks, Sr.,, deceased, late of Holt county, Missouri.
The record discloses substantially these facts: That William Banks, Sr., deceased, lived at Holt county, Missouri, from about the year 1840 until the sixth day of April, 1895, when he died testate, having made a will disposing of all his estate to the defendants, without having in any way mentioned the plaintiffs or their father in the will. That in 1840 said William Banks, deceased, settled on the east bank of the Missouri river in Holt county, and…
2Cases cited4 opinions
- Johnson v. Johnson's AdministratorSupreme Court of Missouri · 1860
- State v. BittickSupreme Court of Missouri · 1890
- La Riviere v. La RiviereSupreme Court of Missouri · 1883
- La Riviere v. La RiviereSupreme Court of Missouri · 1888
3Cited by11 opinions
- Cobb v. State Security Insurance Co.Supreme Court of Missouri · 1979
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- In Re the Marriage of BreenMissouri Court of Appeals · 1977
- Great Northern Ry. Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1918
- Green v. McDowellMissouri Court of Appeals · 1922
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