Fath v. Meyers' Administrator
Supreme Court of Missouri
Appeal from Perry Circuit Court. This was an application to the county court of Perry county for an allowance of an account in favor of the plaintiff against the estate of John Meyers, deceased. On appeal to the circuit coxirt, judgment was rendered in behalf of plaintiff. No instructions were asked or given. It was not shown that the plaintiff supported his claim by his affidavit in the cii'cuit court.
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Appeal from Perry Circuit Court. This was an application to the county court of Perry county for an allowance of an account in favor of the plaintiff against the estate of John Meyers, deceased. On appeal to the circuit coxirt, judgment was rendered in behalf of plaintiff. No instructions were asked or given. It was not shown that the plaintiff supported his claim by his affidavit in the cii'cuit court. I. The circuit court erred in permitting evidence to be introduced as to the correctness with which plaintiff’s books were kept. Connecting that evidence with general statements of other…
1Opinion of the CourtNapton, Judge
This action was brought to recover a blacksmith’s account of some five 'years’ standing, amounting altogether during that period to $183.25, and with credits to the amount of $86 — leaving a balance claimed of $97.25. The principal question presented here is as to the admissibility of the evidence which the circuit court permitted to go to the jury and upon which the verdict was rendered. This evidence was, that the plaintiff kept his own books and kept them generally correctly; that Meyers had all his blacksmith’s work done at plaintiff’s shop; that Meyers’ farm was of a particular extent;…
2Cited by1 opinion
- Wood v. FlaneryMissouri Court of Appeals · 1901