Legal Opinion

Callahan v. Riggins

Missouri Court of Appeals

Decided January 5, 1891PublishedCited by 10 opinions

Appeal from the Gentry Circuit Court. — Hon. O..H. S. Goodman, Judge. (1) We think the court erred in refusing to permit the plaintiff to testify on rebuttal as to. alleged conversations testified to by the witnesses, Mrs. Frank Helton and W. Markley.

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Appeal from the Gentry Circuit Court. — Hon. O..H. S. Goodman, Judge. (1) We think the court erred in refusing to permit the plaintiff to testify on rebuttal as to. alleged conversations testified to by the witnesses, Mrs. Frank Helton and W. Markley. There is a wide conflict of authorities now prevailing by reason of the different, constructions placed on section 4010, statutes of 1879, now section 8918,i' and it is indeed difficult to fully harmonize them, Jting v. Jamison, 66 Mo. 424, and Ward v. Matthews, 73 Mo. 477, are in conflict with our views; but see Tfrade v. Hardy, 75 Mo. 394,…

1Opinion of the CourtEllison, J.

This action is based on the following account:

‘ ‘ In the matter of the estate of Truman E. Markley, deceased. The estate of Truman E. Markley, deceased, in account with Almeda J. Callahan, for services rendered as housekeeper for said Truman E. Markley in his lifetime at his instance and request, from the twentieth day of March, 1881, to January 24, 1888, as follows: Prom March 20,1881 to March 20, 1882, as housekeeper, $100 ; from March 20, 1882, to March 20, 1883, as housekeeper, $100; from March 20, 1883, to March 20, 1884, as housekeeper, $100; from March 20, 1884, to, March 20, 1885, as…

2Cases cited9 opinions

  1. Ring v. JamisonSupreme Court of Missouri · 1877
  2. Wade v. HardySupreme Court of Missouri · 1882
  3. Wood v. MatthewsSupreme Court of Missouri · 1881
  4. Guenther v. Birkicht's AdministratorSupreme Court of Missouri · 1856
  5. Woods v. LandMissouri Court of Appeals · 1888

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3Cited by10 opinions

  1. Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
  2. Sargent v. FolandOregon Supreme Court · 1922
  3. Clark v. CordryMissouri Court of Appeals · 1897
  4. Moore v. RenickMissouri Court of Appeals · 1902
  5. Hickam v. HickamMissouri Court of Appeals · 1891

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