Toovey v. Baxter
Missouri Court of Appeals
Appeal from the Mercer Circuit Court.—Hon. Pabis C. Stepp, Judge. (1) The testimony of witness Mrs. Crofford was . incompetent. She was the wife' of defendant J. W. Crofford. There was no competent testimony to show any divorce. Even if divorced she was not a competent witness as to any transactions occuring before such divorce. (2) The testimony of the witness Mrs. Baxter was incompetent. She was the wife of inter-pleader R. C. Baxter. She was not a party to the suit.
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Appeal from the Mercer Circuit Court.—Hon. Pabis C. Stepp, Judge. (1) The testimony of witness Mrs. Crofford was . incompetent. She was the wife' of defendant J. W. Crofford. There was no competent testimony to show any divorce. Even if divorced she was not a competent witness as to any transactions occuring before such divorce. (2) The testimony of the witness Mrs. Baxter was incompetent. She was the wife of inter-pleader R. C. Baxter. She was not a party to the suit. She could not make herself a party by testifying that she was a partner in the firm. The issues are made by the pleadings.…
1Opinion of the CourtEllison, J.
Plaintiff began a suit by attachment against one J. W. Crofford, and had the writ levied upon a stock of merchandise. This stock was after-wards, during the pendency of the suit, sold by order of the court as being perishable property. R. C. Bax*474ter purchased the goods at this sale. Afterwards he filed a bill in the cause, styled by the parties as an interplea, in which it is set up that the debt sued for was the individual debt of Oroiford, and that the property attached as Crofford’s was, in fact, the partnership property of himself and Oroiford. That the partnership was indebted to various…
2Cases cited8 opinions
- Fugate v. PierceSupreme Court of Missouri · 1872
- Owen v. BrockschmidtSupreme Court of Missouri · 1873
- Wilcox v. ToddSupreme Court of Missouri · 1877
- Tingley v. CowgillSupreme Court of Missouri · 1871
- Steffen v. BauerSupreme Court of Missouri · 1879
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3Cited by6 opinions
- Howard v. StrodeSupreme Court of Missouri · 1912
- Inman v. StateSupreme Court of Arkansas · 1898
- Layson v. CooperSupreme Court of Missouri · 1903
- Scheffler v. RobinsonMissouri Court of Appeals · 1911
- Lampe v. St. Louis Brewing Assn.Missouri Court of Appeals · 1920
1 more not listed; retrieve them via the Exa API.