Shoffner v. Fink
Missouri Court of Appeals
Appeal from Polk Circuit Court, — Hon. C. H. Skinker, Judge. (1) In civil actions the character of neither party, until put in issue, can be inquired into, unless it is put in issue by the proceeding* itself. Gutzwiller v. Lackmann, 23 Mo. 172; Roger and Gillis v. Troost’s Admr., 51 Mo. 470; Dtaclley v. McClure, 65 Mo. 241; Vawater v. Plultz, 212 Mo. 639; Black v. Epstein, 221 Mo. 304; Lumber Co. v. Hartman, 48 Mo. App. 647; Grocer v. Targart, 78 Mo.
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Appeal from Polk Circuit Court, — Hon. C. H. Skinker, Judge. (1) In civil actions the character of neither party, until put in issue, can be inquired into, unless it is put in issue by the proceeding* itself. Gutzwiller v. Lackmann, 23 Mo. 172; Roger and Gillis v. Troost’s Admr., 51 Mo. 470; Dtaclley v. McClure, 65 Mo. 241; Vawater v. Plultz, 212 Mo. 639; Black v. Epstein, 221 Mo. 304; Lumber Co. v. Hartman, 48 Mo. App. 647; Grocer v. Targart, 78 Mo. App. 166; Gordon v. Miller, 111 Mo. App. 250; Stewart v. Watson, 133 Mo. App. 47; Bank v. Richmond, 235 Mo. 532. (1) The evidence of the…
1Opinion of the CourtGray, J.
This suit originated in the prohate court of Polk county, wherein the plaintiff filed his demand against the estate- of James T. Price, deceased, founded upon two checks which he claimed the deceased executed to him for money borrowed. The defendant, as administrator of the estate, successfully resisted the allowance of the demand, and the plaintiff appealed to the circuit court, wherein the case was tried anew, resulting in a judgment in favor of the defendant, and plaintiff appealed to this court.
The deceased lived on a farm near Bolivar, and kept an account with the Polk County Bank of…
2Cases cited8 opinions
- Vawter v. HultzSupreme Court of Missouri · 1892
- Dudley v. McCluerSupreme Court of Missouri · 1877
- Gutzwiller v. LackmanSupreme Court of Missouri · 1856
- Stewart v. WatsonMissouri Court of Appeals · 1908
- Fulks v. St. Louis & San Francisco RailwaySupreme Court of Missouri · 1892
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