Waltemar v. Schnick's Estate
Missouri Court of Appeals
Appeal from Warren Circuit Court. — Row. E. M. Hughes, Judge. (1) The affidavit to the demand is an essential prerequisite to its allowance, and the affidavit in this case is fatally defective.
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Appeal from Warren Circuit Court. — Row. E. M. Hughes, Judge. (1) The affidavit to the demand is an essential prerequisite to its allowance, and the affidavit in this case is fatally defective. R. S. 1899, sec. 195; Hood v. Maxwell, 66 S. W. 276; Lanigan v. North, 69 Ark. 62; Clancy v. Clancy, 7 N. Mex. 405; Cole County v. Dallmeyer, 101 Mo, 57. (2) There can be in this case no presumption in favor of the affidavit, since the affidavit was introduced in evidence, and the defect appears upon its face. Erhart v. Dietrich, 118 Mo. 418, 427; Brown-low v. Wollard, 61 Mo. App. 124; Sackberger v.…
1Opinion of the CourtBland, P. J.
Plaintiff presented in the probate court the following note for allowance against the estate of Herman Schnick, to-wit:
*136“February 25 day, 1869.
‘ ‘ One day after date I promise to pay to the order of Margaret Waltemar the sum of eight hundred and forty-five dollars for value received negotiable without defalcation or discount and with interest from date at the rate of six per cent per annum.
(Signed) “Herman Scitnick.”
Upon the back of the note appear the following credits:
“ Zinfe bezahlt bis ............1871
“ Pade interest op to..........1874
“ Ditto $50.00 D oiler..........1878
“ Ditto…
2Cases cited5 opinions
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Pfeiffer v. SussSupreme Court of Missouri · 1880
- C. E. Donnell Newspaper Co. v. JungMissouri Court of Appeals · 1899
- Edwards v. WarnerMissouri Court of Appeals · 1900
3Cited by12 opinions
- Vanderpool v. VanderpoolMontana Supreme Court · 1914
- State v. StamperSupreme Court of Missouri · 1926
- Hays v. Estate of MillerMissouri Court of Appeals · 1915
- Burnett v. NeraalMontana Supreme Court · 1923
- Taylor v. GeorgeMissouri Court of Appeals · 1913
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