City of St. Joseph ex rel. Forsee v. Baker
Missouri Court of Appeals
Appeal from 'the Buchanan Circuit Court. — Hon. TP. K. James, Judge. (1) In this case an administratrix is not only party to the suit but is the real party in interest, and defendants, Baker and Shull, under the statute, section 8918, Bevised Statutes 1889, were both incompetent witnesses. ' (2) The deed from Baker and wife to Ivanora Baker Shull is a completed instrument, admitted to have been executed in December, 1895. It can not be itself and at the same time something…
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Appeal from 'the Buchanan Circuit Court. — Hon. TP. K. James, Judge. (1) In this case an administratrix is not only party to the suit but is the real party in interest, and defendants, Baker and Shull, under the statute, section 8918, Bevised Statutes 1889, were both incompetent witnesses. ' (2) The deed from Baker and wife to Ivanora Baker Shull is a completed instrument, admitted to have been executed in December, 1895. It can not be itself and at the same time something else. Nor does it matter that the parties consumed five years or five days in filing a single blank, when the blank was…
1Opinion of the CourtEllison, J.
A special tax bill for building a sewer was issued against certain real property in the city of St. Joseph. It was afterwards assigned to Mrs. Oorby, plaintiff being her administratrix. Two days before the limitation period of two years for bringing actions on such bills expired, viz., October 20, 1894, suit was brought against defendant Baker as the owner of the property. Afterwards, on the third day- of January, 1899, plaintiff filed an amended petition making defendant Shull and husband and the John Deere Plow Co. defendants in the cause. Judgment was rendered for defendants and plaintiff…
2Cases cited16 opinions
- Vance v. CorriganSupreme Court of Missouri · 1883
- Payne v. LottSupreme Court of Missouri · 1886
- Jaicks v. SullivanSupreme Court of Missouri · 1895
- Allen v. RaySupreme Court of Missouri · 1888
- Freeman v. MoffittSupreme Court of Missouri · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Peters v. DonaWyoming Supreme Court · 1936
- Wilcox v. PhillipsSupreme Court of Missouri · 1914
- Stuart v. RamseySupreme Court of Missouri · 1906
- Badger Lumber Co. v. StaleyMissouri Court of Appeals · 1910
- Hiller v. SchulteMissouri Court of Appeals · 1913
7 more not listed; retrieve them via the Exa API.