Hyde v. Nelson
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Willard P. Hall, Judge. (1) Under Sec. 5438, R. S. 1909, appellant’s cause of action survived the death of William R. Nelson and the suit was properly brought against Mrs. Nelson and Mrs. Kirkwood, individually and as trustees, as being the legal representatives of William R. Nelson. Knole v. Paxton, 268 Mo. 463; Shippey v. Kansas City, 254 Mo. 23; Winter v. Van Blarcom, 258 Mo. 419; Taylor v. Met. Ry.
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Appeal from Jackson Circuit Court. — Hon. Willard P. Hall, Judge. (1) Under Sec. 5438, R. S. 1909, appellant’s cause of action survived the death of William R. Nelson and the suit was properly brought against Mrs. Nelson and Mrs. Kirkwood, individually and as trustees, as being the legal representatives of William R. Nelson. Knole v. Paxton, 268 Mo. 463; Shippey v. Kansas City, 254 Mo. 23; Winter v. Van Blarcom, 258 Mo. 419; Taylor v. Met. Ry. Co., 256 Mo. 218; Ryan v. Ortgier, 201 Mo. App. 1. (2) The court erred in. holding that the Statute of Limitations began to run from May 11, 1910, the…
1Opinion of the CourtHigbee, P. J.
This is an appeal from the judgment of the circuit court sustaining a demurrer to plaintiff’s amended petition. Plaintiff filed his petition on April 8, 1919, and on June 10, 1919, filed an amended petition. In substance it avers that William R. Nelson was owner and publisher of the “Kansas City Star,” a daily newspaper; that Stout was managing editor and Seested was general manager of said newspaper; that Nelson died in April, 1915, testate, devising Ms property to his wife, Ida H. Nelson, and to Ms daughter, Laura Nelson Kirkwood; that his will was probated; that plaintiff is a physician…
2Cases cited8 opinions
- Wales v. WhitneySupreme Court of the United States · 1885
- Johnson v. HoySupreme Court of the United States · 1913
- State v. HydeSupreme Court of Missouri · 1911
- Toles v. . AdeeNew York Court of Appeals · 1881
- United States v. LeeDistrict Court, S.D. Ohio · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Reed v. Real Detective Publishing Co.Arizona Supreme Court · 1945
- Jepson v. StubbsSupreme Court of Missouri · 1977
- Antoine Jones v. Steve KirchnerCourt of Appeals for the D.C. Circuit · 2016
- Stafford v. MusterSupreme Court of Missouri · 1979
- Bernard H. Tabor v. William H. Hardwick, Warden, U. S. Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1955
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