Legal Opinion

State ex rel. Goldsoll v. Chatham National Bank

Missouri Court of Appeals

Decided June 21, 1881Published

Appeal from the St. Louis Circuit Court, Thayer, J. The juror was disqualified by reason of his prejudice.. The disqualifications enumerated by the statute are not exhaustive of the catalogue. —Lyles v. The State, 41 Texas, 162 ; Lester v. The State, 2 Texas Ct.

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Appeal from the St. Louis Circuit Court, Thayer, J. The juror was disqualified by reason of his prejudice.. The disqualifications enumerated by the statute are not exhaustive of the catalogue. —Lyles v. The State, 41 Texas, 162 ; Lester v. The State, 2 Texas Ct. App. 432 ; The State v. West, 69 Mo. 401; The State v. Taylor, 64 Mo. 358 ; Insurance Go. v. Schueller, 60111. 465; Brittain v. Alien, 2 Dev. 120; Freeman v. The People, 4 Denio, 9. Declarations or statements of the husband are not admissible in evidence against the wife, because the husband is incompetent to testify in a case in…

1Opinion of the CourtLewis, P. J.

The respondents move for a rehearing on the ground, chiefly, that the court overlooked two controlling decisions of the Supreme Court which are decisive of this cause in their favor, to wit: Holthaus v. Hornbostle, 60 Mo. 439, and Welch v. Welch, 63 Mo. 57. We are told by the respondent’s counsel that, in those cases, “it is held that in order to create a separate estate in personal property in a married woman, there must be an agreement or assent on the part of the husband that she shall so hold it, when it comes by way of a verbal gift from a third person to her, or is acquired by her own…

2Cases cited9 opinions

  1. Whitesides v. CannonSupreme Court of Missouri · 1856
  2. Coughlin v. RyanSupreme Court of Missouri · 1868
  3. Walker's Administrator v. WalkerSupreme Court of Missouri · 1857
  4. Schafroth v. AmbsSupreme Court of Missouri · 1870
  5. Welch v. WelchSupreme Court of Missouri · 1876

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