State ex rel. Wahl v. Reynolds
Supreme Court of Missouri
Certiorari. The majority opinion and judgment of the St. Louis Court of Appeals in the case of Flack v. Wahl, in deciding that evidence of the lunacy or mental incapacity of Flack may be given in evidence to the jury without being pleaded, or made an issue by the pleadings, failed and refused to follow the last controlling decisions of the Supreme Court on that question and that decision and judgment should, therefore, be set aside and annulled by this court.
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Certiorari. The majority opinion and judgment of the St. Louis Court of Appeals in the case of Flack v. Wahl, in deciding that evidence of the lunacy or mental incapacity of Flack may be given in evidence to the jury without being pleaded, or made an issue by the pleadings, failed and refused to follow the last controlling decisions of the Supreme Court on that question and that decision and judgment should, therefore, be set aside and annulled by this court. The "decisions so disregarded by the Court of Appeals are: Caldwell v. Reed, 198 Mo. 379; Wells v. Mutual Benefit Assn., 126 Mo. 637;…
1Opinion of the Court
BOND, J.-
I. This is an application by certiorari to declare the majority opinion of the St. Louis Court of Appeals to be void for want of jurisdiction, in that the legal doctrine announced in that decision was in conflict with the last previous rulings of this court in the cases cited by relator.
The point, as to which the petitioner alleges errancy in the opinion of the Court of Appeals, depriving it of jurisdiction, is so much of its opinion as affirms the admissibility of evidence tending to show the plaintiff in a legal action for fraud and deceit was a man of weak mentality,…
2Cases cited10 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Cottrill v. KrumSupreme Court of Missouri · 1890
- Blount v. SprattSupreme Court of Missouri · 1892
- Rhoades v. FullerSupreme Court of Missouri · 1897
- McFarland v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Messina v. GreubelSupreme Court of Missouri · 1948
- State Ex Rel. Calhoun v. ReynoldsSupreme Court of Missouri · 1921
- State Ex Rel. Kansas City v. EllisonSupreme Court of Missouri · 1920
- State Ex Rel. Missouri Public Utilities Co. v. CoxSupreme Court of Missouri · 1923
- State Ex Rel. Vesper-Buick Automobile Co. v. DauesSupreme Court of Missouri · 1929
7 more not listed; retrieve them via the Exa API.