Legal Opinion

Kleimann v. Gieselmann

Supreme Court of Missouri

Decided February 28, 1893PublishedCited by 25 opinions

Certified from St. Louis Court of Appeals. Cl) The court erred in admitting in evidence tlie certified copy of the deed of trust. Sufficient foundation was not laid therefor. (2) The minor appellants had and have a homestead right in the property, and nothing their mother could do could prejudice them, and hence it was error to permit respondent to testify in regard to Mrs. G-ieselmann paying him rent.

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Certified from St. Louis Court of Appeals. Cl) The court erred in admitting in evidence tlie certified copy of the deed of trust. Sufficient foundation was not laid therefor. (2) The minor appellants had and have a homestead right in the property, and nothing their mother could do could prejudice them, and hence it was error to permit respondent to testify in regard to Mrs. G-ieselmann paying him rent. Kocliling v. Daniel, 82 Mo. 54; Roberts v. Ware, 80 Mo. 363; Eaes v. Gross, 92 Mo.( 648. (3) There was no agreement between Augustus Reinhardt and Mrs. Werk, by which he was to assign or…

1Opinion of the CourtBukgess, J.

This suit was instituted in the circuit court of the city of St. Louis, where it resulted in a judgment for defendants, from which plaintiff appealed to the St. Louis court of appeals, by which court the decision of the circuit court was reversed. The cause was certified to this court by the court of appeals on the ground that the decision rendered therein by that court is, in the opinion of one of the *440judges, in conflict with the decision of this court in the case of Griffith v. Townley, 69 Mo. 13.

The questions presented by the record in this case are sufficiently stated by Judge Rombagek…

2Cases cited12 opinions

  1. Griffith v. TownleySupreme Court of Missouri · 1878
  2. Kaes v. GrossSupreme Court of Missouri · 1887
  3. Wooldridge v. ScottSupreme Court of Missouri · 1879
  4. Faust's Administratrix v. BirnerSupreme Court of Missouri · 1860
  5. Evans v. HalleckSupreme Court of Missouri · 1884

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3Cited by25 opinions

  1. Pigeon's CaseMassachusetts Supreme Judicial Court · 1913
  2. Kenniff v. CaulfieldCalifornia Supreme Court · 1903
  3. Capen v. GarrisonSupreme Court of Missouri · 1906
  4. Hume v. HopkinsSupreme Court of Missouri · 1897
  5. Garden City Feeder Co. v. Commissioner of Internal Rev.Court of Appeals for the Eighth Circuit · 1935

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