Hoyt v. Davis
Missouri Court of Appeals
Appeal from the Shelby Circuit Court, Hon. Thomas H. Bacon, Judge. Moulton Hoyt, deceased, the husband of the plaintiff, was one of the original parties to the cause of action in issue and on trial, and the plaintiff being the other party she was not a competent witness to testify on the trial of this cause.
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Appeal from the Shelby Circuit Court, Hon. Thomas H. Bacon, Judge. Moulton Hoyt, deceased, the husband of the plaintiff, was one of the original parties to the cause of action in issue and on trial, and the plaintiff being the other party she was not a competent witness to testify on the trial of this cause. Rev. Stat., sec. 4010 ; Meier v. Thieman, 90 Mo. 433 ; Chapman r>. Dougherty, 87 Mo. 617; Ring v. Jamison, 66 Mo. 424 ; Angelí v. Hester, 64. Mo. 142; Bitton v. Shipp, 65 Mo. 297; Banlc ¶. Hunt, 25 Mo. App. 170; 1 Whart. on Evid. (1 Ed.) sec. 466. The executors of Mr. Hoyt being parties…
1Opinion of the CourtThompson, J.
Mrs. Hoyt filed her petition in the probate court of Shelby county, claiming one-half of the personal estate of her deceased husband, Moulton Hoyt, under the provisions of section 2189, Revised Statutes. The only defence was, that she was barred of her right to this share in the' personal estate of her husband under the provisions of section 2204, Revised Statutes, by reason of having voluntarily left her husband and continued with an adulterer. On appeal to the circuit court the cause was tried before the judge sitting as a jury, and there was a verdict and judgment for the defendants. From…
2Cases cited4 opinions
- Garvin's Administrator v. WilliamsSupreme Court of Missouri · 1872
- Spradling v. ConwaySupreme Court of Missouri · 1872
- In re the Estate of McCuneSupreme Court of Missouri · 1882
- Hoyt v. DavisMissouri Court of Appeals · 1886
3Cited by3 opinions
- Lynn v. HookadaySupreme Court of Missouri · 1901
- Homuth v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Brandon v. DawsonMissouri Court of Appeals · 1892