Botts v. Spencer
Missouri Court of Appeals
Appeal from the Linn Circuit Court. — Hon. Gr. D. Burgess, Judge. Statement of case by the court. The plaintiff, Mrs. Botts, is the widowed daughter of Elijah Harvey, deceased.
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Appeal from the Linn Circuit Court. — Hon. Gr. D. Burgess, Judge. Statement of case by the court. The plaintiff, Mrs. Botts, is the widowed daughter of Elijah Harvey, deceased. It seems that Mr. Harvey died in Linn county, Missouri, in 1887, and that Mrs. Botts presented in the probate court for allowance against her father’s estate a claim which was there allowed ; was then appealed to the circuit court; there tried before jury, resulting in a verdict and judgment for plaintiff for $509.88, from which the executors of the estate have appealed to this court. The facts giving rise to the…
1Opinion of the Court
'Gill, J.
Upon an examination of this record we discover no substantial reason for disturbing the judgment of the lower court. Defendants’ counsel urges, with apparent sincerity, that a demurrer to plaintiff’s evidence should have been sustained, and that plaintiff’s instruction, numbered 1, should not have been given. We see little reason for such contention. Although some contradictory evidence was adduced, yet the jury was amply justified in its finding. By said instruction number 1, the jury was told in the words of said instruction, that, “ If the jury believe from the evidence that,…
2Cases cited3 opinions
- Botts v. GoochSupreme Court of Missouri · 1888
- Bethel v. BailyMissouri Court of Appeals · 1889
- Morrison v. Edgar ex rel. BrentSupreme Court of Missouri · 1852
3Cited by2 opinions
- Platt v. FrancisSupreme Court of Missouri · 1912
- Bohlman v. RossiMissouri Court of Appeals · 1898