Martien v. Norris
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. E. J. Robinson, Judge. The court erred in the trial of the cause: (1) In allowing the introduction of illegal testimony by the defendant; (2) by giving declarations of law on the part of the defendant not warranted by the evidence ; (3) by giving on the part of defendant declarations of law inconsistent with those given on the part, of plaintiff; (4) by refusing proper and pertinent declarations of law on the part of plaintiff; (5) by…
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Appeal from Pike Circuit Court. — Hon. E. J. Robinson, Judge. The court erred in the trial of the cause: (1) In allowing the introduction of illegal testimony by the defendant; (2) by giving declarations of law on the part of the defendant not warranted by the evidence ; (3) by giving on the part of defendant declarations of law inconsistent with those given on the part, of plaintiff; (4) by refusing proper and pertinent declarations of law on the part of plaintiff; (5) by giving judgment for the defendant, when, under the law and evidence, it should have been for the plaintiff. Hastings v.…
1Opinion of the CourtBrace, J.
In the year 1872, James M. Martien died testate, seized of the following real estate, situate in Au-drain county, Missouri, to-wit: East half of section 4, township 57, range 8, west; and the southwest quarter of section 34, township 52, range 8, west, leaving the plaintiff his widow. The testator, by his will, bequeathed to the plaintiff certain personal property, and one hundred dollars in money, and made the following further provision, and no other, for his widow: “ Section 3. Having purchased, for my said wife, the house and lot in the city and county of St. Charles, with my own means,…
2Cases cited5 opinions
- Pemberton v. PembertonSupreme Court of Missouri · 1860
- Bryant v. McCuneSupreme Court of Missouri · 1872
- Perry v. PerrymanSupreme Court of Missouri · 1854
- Dudley v. DavenportSupreme Court of Missouri · 1885
- Halbert v. HalbertSupreme Court of Missouri · 1854
3Cited by8 opinions
- Wilkins v. McGeheeSupreme Court of Georgia · 1891
- Hilton v. SloanUtah Supreme Court · 1910
- King v. KingSupreme Court of Missouri · 1904
- Wyatt v. WilhiteMissouri Court of Appeals · 1916
- Bealey v. BlakeSupreme Court of Missouri · 1900
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