Fuller v. Robinson
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon. James B. 'Johnson, Judge.' (1) The court erred in permitting plaintiff, over the objection of the defendant, to testify to his conversation with his wife in the absence of the defendant. As to defendant, such conversation was clearly hearsay, and the evidence was highly prejudicial in character. Leavell v. Leavell, 122 -Mo.
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Appeal from Barton Circuit Court. — Hon. James B. 'Johnson, Judge.' (1) The court erred in permitting plaintiff, over the objection of the defendant, to testify to his conversation with his wife in the absence of the defendant. As to defendant, such conversation was clearly hearsay, and the evidence was highly prejudicial in character. Leavell v. Leavell, 122 -Mo. App. 654; West-lake v. Westlake, 34 Ohio St. 621; Buchanan v. Foster, 48 N, T. Supp. 732; Rice v. Rice, 62 N. W. (Mich.) 833. (2) Plaintiff was also improperly permitted to testify that when his wife left him, he purchased her a…
1Opinion of the CourtGrantt, P. J.
-This is an action commenced in the circuit court of Jasper county hy the plaintiff against the defendant for $25,000 damages for alienating the affections of the plaintiff’s wife, causing her to abandon plaintiff and live and remain separate and apart from him.
The cause was tried in September, 1906, in the circuit court of Barton county, to which a change of venue had been taken on the application of the defendant.
In substance the petition charged that the defendant had willfully and intentionally alienated the affections of plaintiff’s wife' and had wrongfully and wickedly, enticed,…
2Cases cited15 opinions
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Rice v. RiceMichigan Supreme Court · 1895
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Bennett v. SmithNew York Supreme Court · 1856
- Preston v. BowersOhio Supreme Court · 1861
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3Cited by25 opinions
- State v. McGeeSupreme Court of Missouri · 1935
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- Thurman v. St. Louis Public Service CompanySupreme Court of Missouri · 1957
- Jackson v. City of NashvilleCourt of Appeals of Tennessee · 1932
- Patterson v. SkoglundOregon Supreme Court · 1947
20 more not listed; retrieve them via the Exa API.