Stewart v. Glenn
Supreme Court of Missouri
dip peal from Montgomery Circuit Court. I. The court below erred in refusing to allow plaintiff to amend his affidavit, after appeal to Circuit Court, changing the affidavit in 'amount only and not in form; (Wagn. Stat., p.1034, §§ 3, 4 and 5 ; Martin vs. Martin, 27 Mo., 227 ;) 2nd. in admitting the defendant to testify as to settlements made with his father, and payments made to him previous to his death; (Wagn.
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dip peal from Montgomery Circuit Court. I. The court below erred in refusing to allow plaintiff to amend his affidavit, after appeal to Circuit Court, changing the affidavit in 'amount only and not in form; (Wagn. Stat., p.1034, §§ 3, 4 and 5 ; Martin vs. Martin, 27 Mo., 227 ;) 2nd. in admitting the defendant to testify as to settlements made with his father, and payments made to him previous to his death; (Wagn. Stat., p. 1372, § 1; Stanton vs. Ryan, 41 Mo., 510 ;) 3rd. in admitting the declaration of deceased as to what disposition should be made of the notes. (Howell’s Adm’r vs. Howell &…
1Opinion of the CourtVories, Judge
This proceeding was commenced in the Probate Court in Montgomery county, against the defendant, who was the administrator of the estate of Thomas Glenn, deceased, charging him with embezzling, concealing and failing to inventory, certain notes held by the deceased at the time of his death, against said defendant, and which formed a part of the assets of said estate.
A judgment was rendered in favor of the defendant in the Probate Court, from which the complainant, who it is admitted is interested in the estate, appealed to the Montgomery Circuit Court.
A trial was had in the Circuit Court…
2Cases cited6 opinions
- Hart v. HessSupreme Court of Missouri · 1867
- Dameron's Administrator v. DameronSupreme Court of Missouri · 1854
- Wynn v. CorySupreme Court of Missouri · 1871
- Howell v. HowellSupreme Court of Missouri · 1865
- Powers v. Blakey's AdministratorsSupreme Court of Missouri · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
- State Ex Rel. Lipic v. FlynnSupreme Court of Missouri · 1948
- Clinton v. ClintonSupreme Court of Missouri · 1909
- Berberet v. Electric Park Amusement Co.Supreme Court of Missouri · 1925
- Diel v. StegnerMissouri Court of Appeals · 1894
2 more not listed; retrieve them via the Exa API.