Gordon v. Burris
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — J. L. Mirick, Esq., Special Judge. (1) Final judgment must be rendered on sustaining of demurrer to third amended petition. R. S. 1889, sec. 2068; Beardsley v. Morgan, 73 Mo. 22; Spurlock v. Bailroad, 93 Mo. 13. (2) In contest of will neither can take nonsuit, but judgment must establish or reject the will. Benoist v. Murrin, 48 Mo. 48; Bedwellv.
Read the full summary
Appeal from Livingston Circuit Court. — J. L. Mirick, Esq., Special Judge. (1) Final judgment must be rendered on sustaining of demurrer to third amended petition. R. S. 1889, sec. 2068; Beardsley v. Morgan, 73 Mo. 22; Spurlock v. Bailroad, 93 Mo. 13. (2) In contest of will neither can take nonsuit, but judgment must establish or reject the will. Benoist v. Murrin, 48 Mo. 48; Bedwellv. Swank, 84 Mo. 455; Hughes v. Burris, 85 Mo. 660; McMahon v. McMahon, 100 Mo. 97. Any other judgment is erroneous. Jackson v. Hardin, 83 Mo. 177. And court will render such judgment here. (3) The plaintiff…
1Opinion of the CourtSherwood, J.
This cause comes here on the appeal of the defendants. The petition filed in the cause sought to set aside the will of Lucinda Burris, on the ground of undue influence, etc. A demurrer on general and special grounds was interposed by defendants, and the petition adjudged insufficient. Then a first amended petition was filed and on demurrer by defendants this also was adjudged insufficient. Then *41plaintiff filed her second amended petition, and on motion of defendants a portion of this petition was stricken out, and on their demurrer the residue of the petition was adjudged insufficient. Then,…
2Cases cited1 opinion
- Beardslee v. MorgnerSupreme Court of Missouri · 1880
3Cited by8 opinions
- Moffett v. Commerce Trust CompanySupreme Court of Missouri · 1955
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Gordon v. BurrisSupreme Court of Missouri · 1899
- State ex rel. Damon v. McQuillinSupreme Court of Missouri · 1912
- Foster v. PetreeMissouri Court of Appeals · 1940
3 more not listed; retrieve them via the Exa API.