Legal Opinion

Jesse v. Davis

Missouri Court of Appeals

Decided March 4, 1889PublishedCited by 5 opinions

Appeal from the Holt Circuit Court. — Hon. C. A. Anthony, Judge. (1) Our supreme court say that when one of the parties to a litigation is silenced by death the other shall be silenced by law. 72 Mo. 133; Chapman v. Doughty, 87 Mo. 617; Bank v. Hurst, 25 Mo. App. 170.; Mien v. Thurman, 90 Mo. 433 ; Ring v. Jamisony 66 Mo. 424; 64 Mo. 142. (2) The plaintiff, O. GL Jesse, was incompetent as a witness for any purpose. Mien v. Thurman, 90 Mo. 433. Also see sec. 4010, statutes.

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1Opinion of the CourtGill, J.

This is an action originating in the probate court of Holt county; was appealed to and tried by the circuit court; the plaintiff had judgment, and defendant has appealed to this court. The suit is-founded on a lengthy account of goods sold, composed of a large number of small items, running over a space of about fifteen months.

At the trial in the circuit court the defendant offered in evidence various bank checks made by Dodge, the deceased, to the order of the plaintiff, with plaintiff’s-name endorsed on the back thereof, and all shown to have been paid by the bank. These checks were dated…

2Cases cited2 opinions

Anderson v. VolmerSupreme Court of Missouri · 1884
Hensgen v. MullallyMissouri Court of Appeals · 1886

3Cited by5 opinions

Light v. StevensCalifornia Supreme Court · 1911
Hubbard v. Estate of HappelMissouri Court of Appeals · 1964
Lewis v. EnglandWyoming Supreme Court · 1905
Ware v. BurchSupreme Court of Alabama · 1906
Light v. StevensCalifornia Court of Appeal · 1908