Barr v. Armstrong
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The facts to be proved by the wife, viz: the condition of her wardrobe, and her husband’s refusal or neglect to supply her with things needful, were in their nature “ secret facts,” not susceptible of proof by any other person. She was, therefore, a competent witness, notwithstanding the general rule excluding her. (1 Greenl.
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Appeal from St. Louis Circuit Court. I. The facts to be proved by the wife, viz: the condition of her wardrobe, and her husband’s refusal or neglect to supply her with things needful, were in their nature “ secret facts,” not susceptible of proof by any other person. She was, therefore, a competent witness, notwithstanding the general rule excluding her. (1 Greenl. Ev., § 344; Ibid note 3, citing, Eadcliff vs. Wales, 1 Hill, Chy. 63; Dicker-man vs. Graves, 6 Cush., 308; State vs. Newbury, 43, Mo., 429.) A contrary doctrine puts a wife absolutely in the power of a cruel, brutal or miserly…
1Opinion of the CourtVories, Judge
This action was brought in the St.’ Louis Circuit Court to recover upon an account for goods sold and delivered. The account sued on consisted of various items of goods charged to have been sold at various times,-commencing on the 30th of March 1869, and ending on the 30th day of Dec. 1869, amounting in the aggregate to the sum of $1071.60. The petition charged that the goods set forth in’the account were furnished by plaintiffs to Laura M. Armstrong, the wife of the defendant, and at her request, and -that the articles consisted of sundry articles of clothing which were necessary for her,…
2Cases cited6 opinions
- State v. BerlinSupreme Court of Missouri · 1868
- State v. NewberrySupreme Court of Missouri · 1869
- Mott v. ComstockNew York Supreme Court · 1832
- Theriott v. BagioliThe Superior Court of New York City · 1862
- Hughes v. HaysSupreme Court of Missouri · 1835
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3Cited by25 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Carroll v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Fullerton v. FordyceSupreme Court of Missouri · 1894
- Caldwell v. StephensSupreme Court of Missouri · 1874
- Mauerman v. SiemertsSupreme Court of Missouri · 1879
20 more not listed; retrieve them via the Exa API.