Gunn v. Thruston
Supreme Court of Missouri
. Appeal from Morgan Circuit Court. — Hon. D.' W. Shackleeoed, Judge. ■ (1) Plaintiff Cora L. Martin was a competent witness. The issues made by the pleadings were separate and required separate findings by the court. She was competent to testify for her coplaintiffs, even if she could not testify for herself, and the court erred in ruling that she was incompetent for any purpose in the case.
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. Appeal from Morgan Circuit Court. — Hon. D.' W. Shackleeoed, Judge. ■ (1) Plaintiff Cora L. Martin was a competent witness. The issues made by the pleadings were separate and required separate findings by the court. She was competent to testify for her coplaintiffs, even if she could not testify for herself, and the court erred in ruling that she was incompetent for any purpose in the case. Where one of the original parties to the contract or cause of action in issue and on trial is dead, the other party can not testify in his own favor. But in this case Cora L. Martin was not a party to…
1Opinion of the CourtMacearlane, J.
Plaintiffs as some of the children and heirs at law of John B. Thruston, deceased, sue for partition of the real estate of which he died seized. By answer defendants charged that deceased in his lifetime made advancements of $1,000 each to plaintiffs Ella D. Grunn, Cora L. Martin, and Florence B. Hawks, and asked that they be required to bring such advancements into hotchpot, and that they be charged re-' spectively therewith. The reply admitted the receipt of the money from deceased in his lifetime, but averred that it was as a gift and not as an advancement.
On the trial each of the…
2Cases cited5 opinions
- Nelson v. NelsonSupreme Court of Missouri · 1886
- Ray v. LoperSupreme Court of Missouri · 1877
- Spitts v. Wells & WellsSupreme Court of Missouri · 1853
- Benoist v. ThomasSupreme Court of Missouri · 1894
- Dille v. WebbIndiana Supreme Court · 1878
3Cited by17 opinions
- Mound City Co. v. CastlemanCourt of Appeals for the Eighth Circuit · 1911
- Ellis v. NewellSupreme Court of Iowa · 1903
- Zumwalt v. ForbisSupreme Court of Missouri · 1942
- Barkhoefer v. BarkhoeferMissouri Court of Appeals · 1902
- Budde v. RebenackSupreme Court of Missouri · 1897
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