McFadin v. Catron
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. (1) “The rule that the proof of contradictory statements goes to the credibility of the witness does not extend so far as to introduce previous expressed opinions of the witness.” 1 Thompson on Trials, sec. 493. Such evidence is hearsay and immaterial. Harper v. Railroad, 47 Mo. 567; Bank v. Overall, 16 Mo.App. 510; Cable v. McDaniel, 33 Mo. 363; Dunn v. Altmcm, 50 Mo.
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Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. (1) “The rule that the proof of contradictory statements goes to the credibility of the witness does not extend so far as to introduce previous expressed opinions of the witness.” 1 Thompson on Trials, sec. 493. Such evidence is hearsay and immaterial. Harper v. Railroad, 47 Mo. 567; Bank v. Overall, 16 Mo.App. 510; Cable v. McDaniel, 33 Mo. 363; Dunn v. Altmcm, 50 Mo. App. 231; Holmes v. Anderson, 18 Barb. 420. (2) The trial court erred in granting instruction number 8, asked by the respondent, as to the proof necessary to the…
1Opinion of the CourtBubgkess, J.
This is a suit to set aside the will of Martha Catron, late of Lafayette county. The venue was changed to Saline county on application of defendant. The will bears date June 2,1890, and she died on the thirtieth day of March 1891, at the advanced age of about eighty-three years. She left surviving her two children, a daughter, Francis E. McFadin and a son, James Henry Catron. By the .terms of the will she gave to G-eorgeM. Catron, trustee, and his successors named in the will, $5,000 in trust for the use of her daughter during her life, and at her death to her children absolutely, and gave…
2Cases cited23 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Thompson v. IshSupreme Court of Missouri · 1889
- Clark v. FisherNew York Court of Chancery · 1828
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- State v. ElkinsSupreme Court of Missouri · 1876
18 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Sawyer v. WhiteCourt of Appeals for the Eighth Circuit · 1903
- Fischer v. SperlSupreme Court of Minnesota · 1905
- Gordon v. BurrisSupreme Court of Missouri · 1897
- Spalding v. RobertsonSupreme Court of Missouri · 1947
39 more not listed; retrieve them via the Exa API.