Stone v. Hunt
Supreme Court of Missouri
Appeal from St. Louis City Circuit_ Cotvrt.—Hon. D. D. Fisher, Judge. (1) Tire court erred in permitting tlie plaintiff Stone to testify. Coughlin v. Haeussler, 50 Mo. 126, is not a sound decision. It is judicial legislation. When one of the parties is dead, the other party stands in regard to testifying precisely as if the statute allowing parties to testify had not been enacted.
Read the full summary
Appeal from St. Louis City Circuit_ Cotvrt.—Hon. D. D. Fisher, Judge. (1) Tire court erred in permitting tlie plaintiff Stone to testify. Coughlin v. Haeussler, 50 Mo. 126, is not a sound decision. It is judicial legislation. When one of the parties is dead, the other party stands in regard to testifying precisely as if the statute allowing parties to testify had not been enacted. Bing v-. Jameson, 66 Mo. 424; Angelí v. Hestis, 64 Mo. 144. Said decision of Coughlin v. Haeussler is not supported by precedent or authority. (3) It was error to permit Stone to testify in rebuttal, over…
1Opinion of the CourtBlack, P. J.
The evidence shows that Charles L.. Hunt was the owner of two buildings in St. Louis, separated by a common wall, the north one being three- and the south one five stories in height. The plaintiff, occupied the upper part of the north building for a. museum and was the tenant of Hunt. Hunt had both buildings leased out to various persons, and he collected and received the rents. The interior portions of the five-story building were destroyed by a fire in November, 1877, which’left the walls only standing. These walls were in a dangerous condition, and Hunt was notified to take them down by…
2Cases cited7 opinions
- Coughlin v. HaeusslerSupreme Court of Missouri · 1872
- Parsons v. ParsonsSupreme Court of Missouri · 1870
- Stone v. HuntSupreme Court of Missouri · 1887
- Carithers v. VenableSupreme Court of Georgia · 1874
- Strickland v. HudsonMississippi Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ess v. GriffithSupreme Court of Missouri · 1897
- Wolfson v. ChelistMissouri Court of Appeals · 1955
- Adair v. MetteSupreme Court of Missouri · 1900
- Billingsley v. GulickMichigan Supreme Court · 1932
- DeMott v. DillinghamMissouri Court of Appeals · 1974
9 more not listed; retrieve them via the Exa API.