Kersey v. O'Day
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Now. Jas. T. Neville, Judge. The interpleader was a competent witness, in his own behalf, to refute the alleged conversations, that he claimed he had with witnesses Powell, Ben Kersey, Delaney and Watson, alleged to have taken place since the death of Thomas W. Kersey.
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Appeal from Greene Circuit Court. — Now. Jas. T. Neville, Judge. The interpleader was a competent witness, in his own behalf, to refute the alleged conversations, that he claimed he had with witnesses Powell, Ben Kersey, Delaney and Watson, alleged to have taken place since the death of Thomas W. Kersey. Cases at common law, ex necessitate rei,” and is therefore competent under the statute. 1 Greenleaf on Evidence, sec. 348, p. 461, note 1; Angel v. Hester, 64 Mo. 144; Fish v. Hoy, 42 Mo. App. 295; Wade v. Hardy, 75 Mo. 400; Poe v. Donic, 54 Mo. 123; Martin v. Jones, 59 Mo. 181; Deeper v.…
1Opinion of the CourtFox, J.
On August 18, 1896, Benjamin Kersey, as executor of Thomas W. Kersey, deceased, and R. M. Roper instituted suit in the circuit court of Greene county, Missouri, against John O’Day, as *563guardian and curator of Marie Bunel, a minor, and Marie Bunel, S. H. Horine and E. Y. McClendon, to recover attorney’s fees claimed to be due them in recovering an estate for the minors. At the May term, 1898, of said court John W. Jump, appellant herein, by leave, filed an interplea in said cause.
The interplea, in brief, averred that plaintiff Kersey was executor of Thomas W. Kersey and in charge of his estate;…
2Cases cited6 opinions
- Ring v. JamisonSupreme Court of Missouri · 1877
- Wade v. HardySupreme Court of Missouri · 1882
- Teats v. FlandersSupreme Court of Missouri · 1893
- Alexander v. Grand Avenue Railway Co.Missouri Court of Appeals · 1893
- Frissell & Johnson v. HaileSupreme Court of Missouri · 1853
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3Cited by16 opinions
- Weiermueller v. ScullinSupreme Court of Missouri · 1907
- Flanagan v. DeLappSupreme Court of Missouri · 1976
- Wolfson v. ChelistMissouri Court of Appeals · 1955
- Schwalbert v. KonertMissouri Court of Appeals · 1934
- State Ex Rel. Massman Construction Co. v. BuzardSupreme Court of Missouri · 1940
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