Wagoner Undertaking Co. v. Jones
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) The original affidavit to the claim, in prohate court, the amended affidavit and the oral affidavit taken during the trial in circuit court were insufficient to give the court jurisdiction. They are not even a substantial compliance with the statute. It is not stated in any of them that the agent, Geo.
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Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) The original affidavit to the claim, in prohate court, the amended affidavit and the oral affidavit taken during the trial in circuit court were insufficient to give the court jurisdiction. They are not even a substantial compliance with the statute. It is not stated in any of them that the agent, Geo. C. R. Wagoner, who made them had the management and transaction of the business out of which such demand originated or had the means of knowing personally the facts required to he sworn to by section 195, Revised…
1Opinion of the CourtGoode, J.
1. This case involves a demand against tbe estate of Alfred Scannell, deceased, for tbe expenses incident to his interment, which was conducted by plaintiff. As originally presented in tbe probate court, tbe demand was thus verified:
*105“State of Missouri, Gity of St. Louis, ss.
“The undersigned, being duly sworn on Ms oath says that the claimant above named has given credit to the estate of said deceased for all payments and offsets to which it is entitled, and that the balance is justly due.
“Geo. O. Wagoner/’
When the case came on to be heard in the circuit court where it had gone on appeal, a…
2Cases cited19 opinions
- Cahen v. . PlattNew York Court of Appeals · 1877
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Murray v. StantonMassachusetts Supreme Judicial Court · 1868
- Warren v. A. B. Mayer Manufacturing Co.Supreme Court of Missouri · 1901
- Durst v. . BurtonNew York Court of Appeals · 1872
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3Cited by7 opinions
- Baker v. Estate of BrownSupreme Court of Missouri · 1956
- Lanier v. LovettArizona Supreme Court · 1923
- Hays v. Estate of MillerMissouri Court of Appeals · 1915
- Elsea v. BassMissouri Court of Appeals · 1934
- State ex rel. Nollmann v. GunnMissouri Court of Appeals · 1974
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