Legal Opinion

Greenwell v. Crow

Supreme Court of Missouri

Decided April 15, 1881PublishedCited by 15 opinions

Appeal from Madison Circuit Court. — Hon. John 13. Nobinson, Judge. Defendant Crow, as public administrator of Perry county, upon his final settlement of the estate of Joseph Pratt, deceased, asked credit for the sum of $1,210.67, which he alleged had been stolen, at night, from the drawer of a bureau in his house in that county. Plaintiff, as his' successor in office, disputed the claim, and the probate court refused the credit.

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Appeal from Madison Circuit Court. — Hon. John 13. Nobinson, Judge. Defendant Crow, as public administrator of Perry county, upon his final settlement of the estate of Joseph Pratt, deceased, asked credit for the sum of $1,210.67, which he alleged had been stolen, at night, from the drawer of a bureau in his house in that county. Plaintiff, as his' successor in office, disputed the claim, and the probate court refused the credit. Crow appealed to the circuit court, and subsequently took a change of venue to Madison county. Upon a trial in the circuit court of that county, defendant gave…

1Opinion of the Court

I

Sherwood, C. J.

The defendant should have been permitted to prove by the sheriff that he was acquainted in Perry county, and that it was as safe to keep money at Crow’s house, at the time of the theft, as it was in any part of the county. Similar testimony by the administrator' himself was held admissible by this court in Fudge v. Durn, 51 Mo. 264. The testimony sought to be elicited from the-*640witness, was by no means his mere opinion. Ordinarily mere belief or persuasion not resting on a sufficient or legal foundation, is inadmissible, but with respect to persuasion or belief based on facts…

2Cases cited2 opinions

  1. Eyerman v. SheehanSupreme Court of Missouri · 1873
  2. Fudge v. DurnSupreme Court of Missouri · 1873

3Cited by15 opinions

  1. State v. DuttonArizona Supreme Court · 1957
  2. State v. DicksonSupreme Court of Missouri · 1883
  3. State v. PatrickSupreme Court of Missouri · 1891
  4. State v. Blackmore and GodseySupreme Court of Missouri · 1931
  5. State v. SmithArizona Supreme Court · 1988

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