Landy v. Kansas City
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The ground of the trial court for granting a new trial was that the testimony of Michael Landy, the husband and coplaintiff of Johanna Landy, was improperly excluded by the court. His testimony was properly excluded because: First. The pleadings did not justify its admission. The petition of plaintiffs alleged that they were “the owners” of the property damaged and had “possession” thereof.
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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The ground of the trial court for granting a new trial was that the testimony of Michael Landy, the husband and coplaintiff of Johanna Landy, was improperly excluded by the court. His testimony was properly excluded because: First. The pleadings did not justify its admission. The petition of plaintiffs alleged that they were “the owners” of the property damaged and had “possession” thereof. The testimony of the husband and the deed he offered in evidence showed title in the wife, and that, too, derived in such manner as…
1Opinion of the CourtEllison, J.
The plaintiffs are husband and wife and brought this action against defendant city for damages to real estate, alleged to be owned by the plaintiffs. On trial below the court refused to hear the evidence of the husband. The court, afterwards, concluding such ruling was error, sustained plaintiff’s motion for new trial. From the order sustaining the motion for new trial defendant has appealed.
The title to the real estate was in the wife by ordinary deed, not as her separate estate. In such ease the husband has an interest in the property and should be admitted to testify as a party in…
2Cases cited6 opinions
- Fugate v. PierceSupreme Court of Missouri · 1872
- Ring v. JamisonSupreme Court of Missouri · 1877
- Steffen v. BauerSupreme Court of Missouri · 1879
- Brownlee v. FenwickSupreme Court of Missouri · 1890
- O'Bryan v. AllenSupreme Court of Missouri · 1888
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