Bensberg v. Washington University
Supreme Court of Missouri
Appeal from' St. Louis City Circuit Court. — Mon. Virgil Buie, Judge. (1) Where an issue of fact is raised and tbe testimony in support of said issue is all on one side and uncontradicted, still the question must be referred to tbe jury, wbo are tbe triers of fact and wbo must pass upon tbe credibility of tbe witnesses.
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Appeal from' St. Louis City Circuit Court. — Mon. Virgil Buie, Judge. (1) Where an issue of fact is raised and tbe testimony in support of said issue is all on one side and uncontradicted, still the question must be referred to tbe jury, wbo are tbe triers of fact and wbo must pass upon tbe credibility of tbe witnesses. Dalton v. Poplar Bluff, 173 Mo. 39; Printz v. Miller, 135 S. W. 19; Gordon v. Bnrriss, 141 Mo. 602. However, there is authority to the contrary, that where the evidence is undisputed, is one way, and is of such brand of cogency that but one just conclusion can be drawn, the…
1Opinion of the Court
BROWN, C.
will contest. This suit was brought May 15, 1907, in the circuit court for the city of St. Louis, to contest the will of Charles Seitz, who city, February 1, 1907. The petition is as follows:
“Josephine Bensberg and Laura Seitz, Plaintiffs, vs. Washington University, a Corporation, German General Protestant Orphans Home, a Corporation, Missouri Historical Society, a Corporation, and Wm. J. Murray and the St. Louis Union Trust Company, a Corporation, Executors of the Last Will of Charles, Seitz, Deceased, Defendants.
“Plaintiffs aver that at the times hereinafter referred to the…
2Cases cited11 opinions
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- Turner v. AndersonSupreme Court of Missouri · 1911
- Gordon v. BurrisSupreme Court of Missouri · 1897
- Winn v. GrierSupreme Court of Missouri · 1909
- Meier v. BuchterSupreme Court of Missouri · 1906
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3Cited by17 opinions
- Loehr v. StarkeSupreme Court of Missouri · 1933
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- Edwards v. Business Men's Assurance Co. of AmericaSupreme Court of Missouri · 1942
- Look v. FrenchSupreme Court of Missouri · 1940
- Wood v. WoodWyoming Supreme Court · 1917
12 more not listed; retrieve them via the Exa API.