Bishop v. Brittain Investment Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — lion. G. A. Mosmcm, Judge. (1) The court committed error in refusing to give instructions asked' by appellant. Each of said instructions contains a correct statement of the law involved and necessary to a proper decision of this case.
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Appeal from Buchanan Circuit Court. — lion. G. A. Mosmcm, Judge. (1) The court committed error in refusing to give instructions asked' by appellant. Each of said instructions contains a correct statement of the law involved and necessary to a proper decision of this case. (2) The court erroneously refused to give any instruction asked by the appellant correctly defining the law relating to what is usually called a common law marriage, or a marriage by mutual agreement and contract; and held and instructed the jury that there could be no marriage in Missouri known as a common law marriage, or…
1Opinion of the CourtLamm, P. J.
— Plaintiff, claiming to be the widow of Doctor Galen E. Bishop and that she was deforced of her dower in certain real estate, situate in St. Joseph, of which he was seized of an estate of inheritance during marriage, sued to admeasure dower. The answer raised the general issue.
Presently the trial came on before a jury in Judge Mosman’s division of the Buchanan Circuit Court; the verdict was against her on the issue of marriage. Prom a judgment following, she comes up.
*705Plaintiff relies on (1) direct proof of a contract of marriage, (2) on admissions, (3) on repute and cohabitation as man and…
2Cases cited14 opinions
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Cargile v. WoodSupreme Court of Missouri · 1876
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- Sitton v. ShippSupreme Court of Missouri · 1877
- Chlanda v. St. Louis Transit Co.Supreme Court of Missouri · 1908
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Cole v. Uhlmann Grain Co.Supreme Court of Missouri · 1937
- Forrister v. SullivanSupreme Court of Missouri · 1910
- Wood v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Dodd v. Missouri-Kansas-Texas Railroad Co.Supreme Court of Missouri · 1945
22 more not listed; retrieve them via the Exa API.