County of Pettis ex rel. Muckey v. DeBold
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Now. Louis Hoffman, Judge. (1) Tlie plaintiff’s husband, was a competent witness to testify in behalf of his wife in this case, notwithstanding the statute and the common law rule concerning his competency to testify in her behalf.
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Appeal from Pettis Circuit Court. — Now. Louis Hoffman, Judge. (1) Tlie plaintiff’s husband, was a competent witness to testify in behalf of his wife in this case, notwithstanding the statute and the common law rule concerning his competency to testify in her behalf. He was a competent witness in this case on the ground of public policy, for if it be known, that a married man is a competent Avitness for his wife in a suit against a dramshop keeper for selling him liquor, this knoAvledge might to some extent at least, put a stop to the practice of selling intoxicating liquor to an habitual…
1Opinion of the CourtJohnson, J.
This action is prosecuted by the wife of an habitual drunkard against a licensed dram-shop keeper and the sureties oh his bond, to recover the penalty provided in section 3017, Revised Statutes 1899. At the trial, plaintiff took a nonsuit with leave to move to set the same aside and after her motion was overruled, brought the case here by appeal.
All the facts constitutive of the cause pleaded in the petition save one, either were admitted or were supported by evidence introduced by plaintiff. It was admitted that defendant was a dramshop keeper, and that he and his codefendants executed the…
2Cases cited3 opinions
- Henry v. SneedSupreme Court of Missouri · 1889
- Lewis v. Center Creek Mining Co.Supreme Court of Missouri · 1906
- Moeckel v. HeimSupreme Court of Missouri · 1896
3Cited by5 opinions
- Craig v. Metropolitan Life InsuranceMissouri Court of Appeals · 1927
- Bushyager ex rel. Bushyager v. Hammond Packing Co.Missouri Court of Appeals · 1910
- Scott v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1915
- Charles F. Netzow Manufacturing Co. v. BakerMissouri Court of Appeals · 1909
- Lyle v. AndalaftMissouri Court of Appeals · 1914