Lindsay v. Archibald
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) The probate court has no equity jurisdiction {Biitler v.Lawson, 72Mo. 227), nor of a married woman’s estate. Boston v. Mwrry, 94 Mo. 181, and eases cited. Her liability is in equity, and that liability is not changed to one at law by Revised Statutes, 1889. See Van Bheeclen v. Bush, 44 Mo.
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Appeal from the Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) The probate court has no equity jurisdiction {Biitler v.Lawson, 72Mo. 227), nor of a married woman’s estate. Boston v. Mwrry, 94 Mo. 181, and eases cited. Her liability is in equity, and that liability is not changed to one at law by Revised Statutes, 1889. See Van Bheeclen v. Bush, 44 Mo. App. 284, 285, and cases cited.' (2) But this court has held, that even under the married woman’s act of 1889, the husband and wife can not contract with each other at law so as to authorize legal proceedings against each other. McCorUe…
1Opinion of the CourtSmith, P. J.
Plaintiff and the deceased, Margaret Lindsay, were husband and wife. The plaintiff presented to the probate court an account against the estate of his deceased wife for allowance, and among other items of the account was this: “October 25, 1890, to cash paid Mrs. Lindsay, $313.”
There was a trial of the cause in the circuit court, where there was adduced some evidence tending to show that the deceased, who was authorized to sign the plaintiff’s name to checks drawn against his bank account, had drawn a check for $313 against plaintiff’s account and had received the money thereon arid made a…
2Cases cited7 opinions
- Davis v. SmithSupreme Court of Missouri · 1881
- Baer v. PfaffMissouri Court of Appeals · 1891
- McCorkle v. GoldsmithMissouri Court of Appeals · 1895
- Ilgenfritz v. IlgenfritzMissouri Court of Appeals · 1892
- Chicago Coffin Co. v. FritzMissouri Court of Appeals · 1890
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3Cited by5 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Grimes v. ReynoldsSupreme Court of Missouri · 1904
- Dorsett v. DorsettMissouri Court of Appeals · 1936
- Bronson v. BradyDistrict of Columbia Court of Appeals · 1906
- Long v. MartinMissouri Court of Appeals · 1897