State ex rel. Piles v. Richardson
Missouri Court of Appeals
Appeal from Chariton Circuit Court, How. Gh I). Burgess, Judge. The case is stated in the opinion. I. The paper purporting to be a certified copy of an “annual exhibit,” should have been excluded. (a) There is no evidence that the original was ever filed or passed upon by the probate court; while the paper itself bears no indicia of its purported character, save a mere certificate that it is “taken from the records.”
Read the full summary
Appeal from Chariton Circuit Court, How. Gh I). Burgess, Judge. The case is stated in the opinion. I. The paper purporting to be a certified copy of an “annual exhibit,” should have been excluded. (a) There is no evidence that the original was ever filed or passed upon by the probate court; while the paper itself bears no indicia of its purported character, save a mere certificate that it is “taken from the records.” There must be something to show how and when and by what authority the original came to be among those records, before a copy is competent under the statute.. Rev.. Stat., 1879,…
1Opinion of the CourtEllison, J.
At the conclusion of plaintiff’s case defendant offered an instruction in the nature of a demurrer, which being refused by the court, defendant stood thereon and refused to introduce any testimony. The'action was instituted on a guardian’s bond against W. J. Bradley as principal, and defendant and one other as sureties. The suit was dismissed as to Bradley and the other surety, and left standing against defendant alone. The evidence for plaintiff consisted of the bond, Bradley’s third annual settlement showing a balance due plaintiff, and oral evidence, to the effect that plaintiff, at the…
Also in this document: Concurrence.
2Cases cited11 opinions
- Walker v. Walker'sSupreme Court of the United States · 1870
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- In re DavisSupreme Court of Missouri · 1876
- Williams v. Heirs of PettigrewSupreme Court of Missouri · 1876
- Brown v. WeatherbySupreme Court of Missouri · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Reed v. TaliaferroWyoming Supreme Court · 1927
- Scheib v. ThompsonUtah Supreme Court · 1901
- Adkinson v. McKayMissouri Court of Appeals · 1914
- Finnell v. KelloggMissouri Court of Appeals · 1916
- Parker v. HarrisonMissouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.