Sears v. Stone County
Supreme Court of Missouri
Appeal from Christian Circuit Court. — Hon. W. D. Hubbard, Judge. (1) First. The court erred in admitting the testimony of W. M. Fisk, as to the employment of S. F. Heffernan, to contradict or impeach the records of the Stone county court. Second. 'The testimony of said Fisk as to what occurred between Judge Farmer and Heffernan in the Stone county court room was incompetent and should not have been admitted.
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Appeal from Christian Circuit Court. — Hon. W. D. Hubbard, Judge. (1) First. The court erred in admitting the testimony of W. M. Fisk, as to the employment of S. F. Heffernan, to contradict or impeach the records of the Stone county court. Second. 'The testimony of said Fisk as to what occurred between Judge Farmer and Heffernan in the Stone county court room was incompetent and should not have been admitted. Castleman v. Pelf, 50 Mo. 589 ; Freeman v. Thompson, 53 Mo. 192. Third. The testimony of Fisk as to the contents of the paper or account presented to the county court by Heffernan was…
1Opinion of the CourtMacfarlane, J.
This is an action on a warrant issued by order of the county court of defendant county for $450, dated November 15, 1876, payable to P. S. Heffernan and assigned to plaintiff, July 16, 1877. The answer set up want of consideration. The records of the county court of the date of June 5, 1876, showed •an order by which Heffernan was employed as an .attorney to prosecute suits against the Atlantic & Pacific Railroad Company for the collection of delinquent taxes and for his services he was to be paid a per cent, of the taxes collected.
The records also show the following order under date of…
2Cases cited13 opinions
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