Adair v. Mette
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The trial court erred in permitting the plaintiff to testify, against the objection and exception of defendant, to statements by Thomas J. Payne (through whom defendant claimed title) in the nature of admissions of the alleged common law marriage, said Payne being deceased at the time of the trial, and plaintiff being interested in 'the event of the suit.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The trial court erred in permitting the plaintiff to testify, against the objection and exception of defendant, to statements by Thomas J. Payne (through whom defendant claimed title) in the nature of admissions of the alleged common law marriage, said Payne being deceased at the time of the trial, and plaintiff being interested in 'the event of the suit. Chapman v. Daugherty, 87 Mo. 620; Emmel v. Hayes, 102 Mo. 186; Lins v. Lenhardt, 127 Mo. 271; Nowack v. Berger, 133 Mo. 24; Hopkins v. Bowers, 111 N. C. 175; 29…
1Opinion of the CourtBrace, J.
This case was submitted on briefs and decided in Division No. 2. In due time a motion for rehearing was filed, sustained, and the case reargued in that division, whereupon the case was transferred to Court in Banc, and now stands for decision on that motion. The following statement of the case is from the divisional opinion of Burgess, J.:
“This is an action of ejectment for the possession of one undivided third of a lot of ground in the city of St. Louis. The petition is in the usual form. The answer admits possession, denies all other allegations in the petition, and sets up the statute of…
2Cases cited15 opinions
- State v. HopeSupreme Court of Missouri · 1889
- Margrave v. AusmussSupreme Court of Missouri · 1873
- Seligman v. RogersSupreme Court of Missouri · 1893
- People's Bank v. ScalzoSupreme Court of Missouri · 1895
- State v. BittickSupreme Court of Missouri · 1890
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3Cited by17 opinions
- Hildreth v. KeyMissouri Court of Appeals · 1960
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- Tygard v. FalorSupreme Court of Missouri · 1901
- Dickey v. PorterSupreme Court of Missouri · 1907
- Fender, Adm'r v. SegroSupreme Court of Oklahoma · 1913
12 more not listed; retrieve them via the Exa API.