Crook v. Tull
Supreme Court of Missouri
Appeal from Clark Circuit Coiwt. — Hon. B.E. Turner, Judge. (1) Plaintiff, John D. Crook, was not a competent witness after the death of Dabney L. Tull, one of the defendants, to prove the date of contracting the debt. Meier v. Thiemcm, 90 Mo. 433; Bankv. Htrnt, 25 Mo. App. 170. (2) This action could not be tried until the third term after the death of Dabney L. Tull.
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Appeal from Clark Circuit Coiwt. — Hon. B.E. Turner, Judge. (1) Plaintiff, John D. Crook, was not a competent witness after the death of Dabney L. Tull, one of the defendants, to prove the date of contracting the debt. Meier v. Thiemcm, 90 Mo. 433; Bankv. Htrnt, 25 Mo. App. 170. (2) This action could not be tried until the third term after the death of Dabney L. Tull. Revised Statutes, 1889, sec. 2201. The action did not abate as to said deceased until the third term after his death. FmTells v. Brennan, 25 Mo. 85; Gamble v. Dougherty, 71 Mo. 599. (3) After the suggestion of the death of…
1Opinion of the CourtMacfarlane, J.
This suit is in the nature of a -creditors’ bill to charge certain real estate held in the caame of defendant, Ella R. Tull, with the payment of certain judgments in favor of plaintiffs and against 'Dabney L. Tull, husband of said Ella.
It is charged in the petition that on the twenty-first day of January, 1878, plaintiffs, John D. Crook, John C. Paxton and Washington Hudson, as partners, •obtained two judgments against Dabney L. Tull for $25 and $61.65 respectively and costs; that said judgments were rendered upon notes bearing interest •at ten per cent, per annum; that executions on said…
2Cases cited8 opinions
- Butler v. LawsonSupreme Court of Missouri · 1880
- Roan v. WinnSupreme Court of Missouri · 1887
- Easton v. CourtwrightSupreme Court of Missouri · 1884
- Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
- Sloan v. TorrySupreme Court of Missouri · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Solomon v. A. W. Farney, Inc.Nebraska Supreme Court · 1939
- Goodson v. GoodsonSupreme Court of Missouri · 1897
- Hauser v. MurraySupreme Court of Missouri · 1914
- Hargadine v. GibbonsSupreme Court of Missouri · 1893
- Byrd v. HaulCourt of Appeals for the Eighth Circuit · 1912
21 more not listed; retrieve them via the Exa API.