Orchard v. Collier
Missouri Court of Appeals
Error to Shannon Circuit Court. — lion. W. N. Evans, Judge. (1) The court erred in permitting W. P. Collier to próve his own agency for his wife, the defendant herein. There is no reason why the defendant should not or could not have been present and testified in her own behalf. She, no doubt, could have thrown some light on the subject. Basye v. Railroad, 65 Mo.
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Error to Shannon Circuit Court. — lion. W. N. Evans, Judge. (1) The court erred in permitting W. P. Collier to próve his own agency for his wife, the defendant herein. There is no reason why the defendant should not or could not have been present and testified in her own behalf. She, no doubt, could have thrown some light on the subject. Basye v. Railroad, 65 Mo. App. 476, and authorities cited; Scrutchfield v. Sauter, 119 Mo. 615; Sanford v. Pollock, 105 N. T. 450. (2) The court erred in permitting the husband to testify to anything not coming within his agency. He says his wife inherited…
1Opinion of the CourtBubgess, J.
The petition in this case is in two counts, one in equity to set aside certain deeds under which defendant claims title to the land in question, upoq the ground that they were made to defraud the creditors of the grantor therein named, and the other in *394ejectment for the possession of the land.
The petition leaving off the caption is as follows:
“Plaintiff states that on March 15,1894, one Agnes Collier recovered a judgment in the circuit court of Shannon county, Missouri, against W.F.Collier for the sum of $388 as her debt, together with her costs laid out and expended upon which judgment…
2Cases cited11 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Long v. MartinSupreme Court of Missouri · 1899
- Crook v. TullSupreme Court of Missouri · 1892
- Sloan v. TorrySupreme Court of Missouri · 1883
- Reed v. Peck, Guitar & WatsonSupreme Court of Missouri · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gottschall v. GeigerMissouri Court of Appeals · 1921
- Close v. HurstMissouri Court of Appeals · 1910