Minor v. Garhart
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Eon. John P. Butler, Judge. In the case at bar the defendants were the prevailing parties. The plaintiff wholly failed on every issue. No equity was adjudged in his favor. The court erred in taxing the costs made by defendants against them. R. S. 1899, secs. 1547, 1549, 1550, 1559; Hawkins v. Nowland, 53 M'o. 328; DuPont v. McLaran, 61 Mo. 511; Turner v. Johnson, 95 Mo. 452; Bender v. Zimmerman, 135 Mo. 58; Schumacker v. Mehlberg, 96 Mo.
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Appeal from Chariton Circuit Court. — Eon. John P. Butler, Judge. In the case at bar the defendants were the prevailing parties. The plaintiff wholly failed on every issue. No equity was adjudged in his favor. The court erred in taxing the costs made by defendants against them. R. S. 1899, secs. 1547, 1549, 1550, 1559; Hawkins v. Nowland, 53 M'o. 328; DuPont v. McLaran, 61 Mo. 511; Turner v. Johnson, 95 Mo. 452; Bender v. Zimmerman, 135 Mo. 58; Schumacker v. Mehlberg, 96 Mo. App. 598.
1Opinion of the CourtEllison, J.
Plaintiff, a minor, brought his action in the circuit court of Ohariton county, charging that in the lifetime of John Garhart he promised to adopt plaintiff as his child and make him his legal heir in consideration of certain matters and things set forth in the petition. He prayed the court for a decree declaring him to be an heir and entitled to a share in the said Garhart’s estate. At the close of the evidence in plaintiff’s behalf, the trial court sustained an instruction in the nature of a demurrer to the evidence and rendered judgment for the defendants. But the court adjudged that each…
2Cases cited5 opinions
- Turner v. JohnsonSupreme Court of Missouri · 1888
- DuPont v. McLaranSupreme Court of Missouri · 1876
- Hawkins v. NowlandSupreme Court of Missouri · 1873
- Mack v. WurmserSupreme Court of Missouri · 1896
- Schumacher v. MehlbergMissouri Court of Appeals · 1902
3Cited by2 opinions
- Allen v. Aetna Life InsuranceMissouri Court of Appeals · 1933
- Bush v. NormanMissouri Court of Appeals · 1920