Hays v. Estate of Miller
Missouri Court of Appeals
Appeal from Polk Comity Circuit Court. — Eon. G. E. Skinker, Judge. (1) The objection to the introduction of any evidence should have been sustained. The statement is not sufficient. It nowhere .appears whether the charge was intended to be for board and nursing the deceased or some other person; nor can it be determined, except by conjecture, what amount is claimed; “at twenty dollars per year, $260,” is absolutely meaningless.
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Appeal from Polk Comity Circuit Court. — Eon. G. E. Skinker, Judge. (1) The objection to the introduction of any evidence should have been sustained. The statement is not sufficient. It nowhere .appears whether the charge was intended to be for board and nursing the deceased or some other person; nor can it be determined, except by conjecture, what amount is claimed; “at twenty dollars per year, $260,” is absolutely meaningless. Bra-shears v. Strock, 46 Mo. 221; Swartz v. Nicholson, 65 Mo. 508; Watkins v. Donnelly, 88 Mo. 322; Hill v. St. Louis, Ore & Steele Co., 90 Mo. 103, 106; Seligman v.…
1Opinion of the CourtSturgis, J.
This suit originated in the probate court of Polk county, Missouri. Plaintiff there filed the following claim:
“DEMAND' AGAINST ESTATE.
The Estate of Syntha E. Miller, Deceased,
To S. C. Hays, Dr.
1900 Dollars Cts.
To Board and nursing from April,
19001, until the 3rd day of July,
1913, at $20 per year........... 260' 001”
To this is appended the affidavit of the claimant, in usual form, to the effect that he has given credit to the estate of Cynthia E. Hays, deceased, for all payments and offsets to which it is entitled. The defendant administrators appeared in the probate court and filed an answer…
2Cases cited15 opinions
- Haseltine v. SmithSupreme Court of Missouri · 1900
- Hyde v. HoniterMissouri Court of Appeals · 1913
- Yost v. Union Pacific RailroadSupreme Court of Missouri · 1912
- Patterson v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Waltemar v. Schnick's EstateMissouri Court of Appeals · 1903
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fast v. WhitneyWyoming Supreme Court · 1920
- Wunderlich v. HoltMontana Supreme Court · 1929
- Johnson v. Estate of GirvinSupreme Court of Missouri · 1967
- Doty v. the Western Southern Life Ins. Co.Missouri Court of Appeals · 1929
- Colliseum Athletic Assn. v. DillonMissouri Court of Appeals · 1920
3 more not listed; retrieve them via the Exa API.