Vantine v. Butler
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. Nick M. Bradley, Special Judge. (1) The court committed error in admitting the testimony of Mrs. Mills as to the identity of Jane Butler by Jane Butler’s own declarations with no other proof, and also as to her .relation to John Butler for the same reason. The same is true as to the testimony of Robert Farthing. 1 Wharton on Evidence, p. 209-, Greenleaf on Evidence (15 Ed.) sec. 207; 18 Am. & Eng. Ency. Law, 257, 263; 22 Am. & Eng.
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Appeal from Boone Circuit Court. — Hon. Nick M. Bradley, Special Judge. (1) The court committed error in admitting the testimony of Mrs. Mills as to the identity of Jane Butler by Jane Butler’s own declarations with no other proof, and also as to her .relation to John Butler for the same reason. The same is true as to the testimony of Robert Farthing. 1 Wharton on Evidence, p. 209-, Greenleaf on Evidence (15 Ed.) sec. 207; 18 Am. & Eng. Ency. Law, 257, 263; 22 Am. & Eng. Ency. Law (2 Ed.), 257, 263; Elliott on Evidence, sec. 380, 381; Wigmore on Evidence, sec. 1490'; 16 Cyc. 1229; Kennedy’s…
1Opinion of the CourtWoodson, J.
Counsel for appellants make the following brief and clear statement of the issues, which I adopt as a partial statement of the case, viz.:
‘ ‘ This cause is in this court by appeal on the part of the defendants, Mary Butler, Louititia Phelan and Mary Butler, the younger, and Vincent D. Phelan, executors of the last will and testament of John Butler, deceased, defendants in the above entitled cause, from a decree and judgment of the circuit court of Boone county, Missouri, in favor of the plaintiff establishing her right as a pretermitted heir.
‘ ‘ The petition is in ordinary form and alleges…
2Cases cited7 opinions
- Fowler v. SimpsonTexas Supreme Court · 1891
- Fulkerson v. HolmesSupreme Court of the United States · 1886
- Young v. . ShulenbergNew York Court of Appeals · 1901
- Sitler v. GehrSupreme Court of Pennsylvania · 1884
- Mann v. CavanaughCourt of Appeals of Kentucky · 1901
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3Cited by3 opinions
- Vantine v. ButlerSupreme Court of Missouri · 1913
- Gordon v. Metropolitan Life InsuranceMissouri Court of Appeals · 1943
- United States v. Eng Suak LunCourt of Appeals for the Tenth Circuit · 1933