Britian v. Fender
Missouri Court of Appeals
Appeal from Polk Circuit Court. — Eon. Argus Good, Judge. (1) The plaintiff’s statement does not state facts sufficient to constitute a cause of action. R. S. 1899, sec. 188; Watkins v. Donnelly, 88 Mo. 322; Seligman v. Rogers, 113 Mo. 642, 660; Breskears v. Strock, 46 Mo. 221; Soné v. Wallendorf, 187 Mo. 1; Williams v. Gerber, 75 Mo. App. 30. (2) That the court erred in the admission of evidence scarcely needs the citation of authorities.
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Appeal from Polk Circuit Court. — Eon. Argus Good, Judge. (1) The plaintiff’s statement does not state facts sufficient to constitute a cause of action. R. S. 1899, sec. 188; Watkins v. Donnelly, 88 Mo. 322; Seligman v. Rogers, 113 Mo. 642, 660; Breskears v. Strock, 46 Mo. 221; Soné v. Wallendorf, 187 Mo. 1; Williams v. Gerber, 75 Mo. App. 30. (2) That the court erred in the admission of evidence scarcely needs the citation of authorities. That the mill book was improperly admitted in evidence see Gregory v. Jones, 101 Mo>. App. 270, and authorities there cited. (1) As no formal pleadings are…
1Opinion of the CourtJohnson, J.
This suit is founded upon a demand against the estate of a deceased person. It was begun in the probate court of Polk county and the demand presented is as follows:
“The estate of A. J. Fender, deceased, To J. A. Britian, Dr.
Nov. 20, 1902,
To $250.00 paid to A. C. Fender to be credited on Britian and Fender note at the Polk County Bank, which he failed to do..........$250.00
Dec. 25, 1902.
To money on Frady note..............$112.50”
Other items are included, but the two mentioned .are the only ones now in dispute. No point is made that the demand was not exhibited to the administrator *95and court…
2Cited by8 opinions
- Minor v. LillardSupreme Court of Missouri · 1956
- In Re Franz EstateSupreme Court of Missouri · 1952
- Title Guaranty & Surety Co. v. Missouri ex. rel. StormfeltzCourt of Appeals for the Eighth Circuit · 1939
- Ranney v. LewisMissouri Court of Appeals · 1914
- Sandusky v. CourtneyMissouri Court of Appeals · 1913
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