Legal Opinion

Buck v. St. Louis Union Trust Co.

Supreme Court of Missouri

Decided April 10, 1916PublishedCited by 20 opinions

Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The bill of exceptions wbicb was prepared by tbe official court stenographer and presented to the court for allowance, was improperly rejected, and the bystanders’ bill of exceptions deposited by plaintiff in tbe clerk’s office, in consequence of tbe court’s refusal to sign and allow said bill of exceptions, and permit tbe same to be filed, is complete and true'and a proper bill of exceptions.

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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The bill of exceptions wbicb was prepared by tbe official court stenographer and presented to the court for allowance, was improperly rejected, and the bystanders’ bill of exceptions deposited by plaintiff in tbe clerk’s office, in consequence of tbe court’s refusal to sign and allow said bill of exceptions, and permit tbe same to be filed, is complete and true'and a proper bill of exceptions. Tbe truth of said bill of exceptions is to be determined by this court from tbe affidavits filed in -support and .against…

1Opinion of the CourtWalker, J.

This was an action instituted in the circuit court of the city of St. Louis by Stephen B. Buck to contest the will of his brother, Ralph S. Buck, on the ground of the mental incapacity of the latter and that undue influence had been exerted upon him to induce him to make the will.. Upon a trial a judgment was rendered for defendants, from which plaintiff appealed. Pending the motion for a new trial the original plaintiff, Stephen B. Buck, died, and the suit was revived in the name of the executrix of his estate, Marie V. Buck, who is the appellant here.

The judge of the circuit court refused…

2Cases cited11 opinions

  1. Woolfolk v. StateSupreme Court of Georgia · 1889
  2. Baltimore & Susquehanna Rail Road v. WoodruffCourt of Appeals of Maryland · 1853
  3. Mitchell v. SellmanCourt of Appeals of Maryland · 1853
  4. Beechwood v. Joplin-Pittsburg Railway Co.Missouri Court of Appeals · 1913
  5. Stapleton v. MonroeSupreme Court of Georgia · 1900

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3Cited by20 opinions

  1. O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
  2. Dorn v. St. Louis Public Service Co.Missouri Court of Appeals · 1952
  3. Hancock v. CrouchMissouri Court of Appeals · 1954
  4. State Ex Rel. Kansas City Public Service Co. v. ShainSupreme Court of Missouri · 1939
  5. Spence v. BNSF Ry. Co.Supreme Court of Missouri · 2018

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