Nelson v. Troll
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Eon. J. Hugo Grimm, Judge. (1) The finding and judgment of the circuit court is against the evidence, the weight of the evidence and the law under the evidence. 29 Cyc. 820; 29 Cyc. 832; Lawson v. Mills, 130 Mo. 170; Choquette v. Railroad, 152 Mo. 257; Roberts v. Tel.
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Appeal from St. Louis City Circuit Court.— Eon. J. Hugo Grimm, Judge. (1) The finding and judgment of the circuit court is against the evidence, the weight of the evidence and the law under the evidence. 29 Cyc. 820; 29 Cyc. 832; Lawson v. Mills, 130 Mo. 170; Choquette v. Railroad, 152 Mo. 257; Roberts v. Tel. Co., 166 Mo. 370. (2) The judgment for the. defendant on the counterclaim is not responsive to the issues made, by the pleadings. 23 Cyc. 816; McLaughlin v. McLaughlin, 16 Mo. 202; Kyle v. Hoyle, 6 Mo. 526; Smith v. St. Louis Tfr. Co., 92 Mo. App. 41; 23 Cyc. 820 (g); 23 Cyc. 833 (c).…
1Opinion of the CourtNortoni, J.
—This is a claim on the part of the plaintiff widower for the statutory allowance and his absolute property in the estate of his deceased wife. Defendant is the public administrator in charge of the estate, and the proceeding originated in the probate court, from whence it found its way, by appeal, into the circuit court. Besides denying in toto plaintiff’s right, defendant administrator filed a counterclaim in the probate court, by which he seeks to recover from plaintiff for withholding the property of the estate and using it in a boarding house after the death of the intestate wife and…
2Cases cited13 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Leeper v. TaylorSupreme Court of Missouri · 1892
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Bealey v. SmithSupreme Court of Missouri · 1900
- Waters v. HerbothSupreme Court of Missouri · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- Supreme Lodge Knights of Honor v. BielerIndiana Court of Appeals · 1914
- Thompson v. JohnstonMissouri Court of Appeals · 1913
- Nidy v. RiceMissouri Court of Appeals · 1931
- Parsons v. HarveySupreme Court of Missouri · 1920
5 more not listed; retrieve them via the Exa API.