Davis v. Kline
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. John P. Strother, Judge. (1) The bill of exceptions in the case was the best evidence of Asbury, the deceased witness’ testimony on the former trial. It purported to contain all the testimony and it was error to permit the witness Grantt to testify orally as to it. Coughlin v. Haeusler, 50 Mo. 126 ; Franklin v. Gummersel, 11 Mo. App. 307; Halsey r. Sinsebaugh, 15 N. Y. App. 486 ; Fisher v. Kile; 27 Mich. 454; 1 Greenl.
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Appeal from Pettis Circuit Court. — Hon. John P. Strother, Judge. (1) The bill of exceptions in the case was the best evidence of Asbury, the deceased witness’ testimony on the former trial. It purported to contain all the testimony and it was error to permit the witness Grantt to testify orally as to it. Coughlin v. Haeusler, 50 Mo. 126 ; Franklin v. Gummersel, 11 Mo. App. 307; Halsey r. Sinsebaugh, 15 N. Y. App. 486 ; Fisher v. Kile; 27 Mich. 454; 1 Greenl. Ev., secs. 163, 166; Corby v. Wright, 9 Mo. App. 5; Jacoard v. Anderson, 37 Mo. 91. (2) The acts and declarations of Kline were…
1Opinion of the CourtBlack, J.
This is a suit in equity to set aside a deed of trust on one hundred acres of land in Henry county. The court found the issues for defendants, and the plaintiff appealed.
John Kline, who resided in Warrensburg, Johnson county, owned two or three parcels of real estate at that place, which were incumbered by mortgages to the amount of about eighteen hundred dollars. This property and the one hundred acres of land in Henry county had an estimated value of about five thousand dollars. He owed other debts to various persons, amounting to three or four thousand dollars. Civil suits and criminal…
2Cases cited5 opinions
- Baker v. HumphreySupreme Court of the United States · 1880
- Jaccard v. AndersonSupreme Court of Missouri · 1865
- Breeden's Administrator v. FeurtSupreme Court of Missouri · 1879
- Scoville v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Ward v. BrownSupreme Court of Missouri · 1885
3Cited by14 opinions
- Eoff v. IrvineSupreme Court of Missouri · 1891
- State ex rel. Guinan v. JarrottSupreme Court of Missouri · 1904
- Patterson Land Co. v. LynnNorth Dakota Supreme Court · 1914
- Welp v. BogyMissouri Court of Appeals · 1925
- McCormick v. ParsonsSupreme Court of Missouri · 1906
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