Jenkins v. Emmons
Missouri Court of Appeals
Appeal from St. Charles Circuit Court. — Eon. James D. Barnett, Judge. (1) The court erred in permitting the respondent to testify as a witness in her own behalf. She was clearly incompetent to testify under the statutes.
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Appeal from St. Charles Circuit Court. — Eon. James D. Barnett, Judge. (1) The court erred in permitting the respondent to testify as a witness in her own behalf. She was clearly incompetent to testify under the statutes. R. S. 1899, sec. 4652; Looker v. Davis, 47 Mo1. 145; Curd v. Brown, 148 Mo. 95, 49 S. W. 990; Johnston v. Johnston, 173 Mo. 121, 73 S. W. 202; Deeper v. Taylor, 111 M'o. 312, 19 S. W. 955; Wood v. Matthews, 73 Mo. 482; Teats v. Flanders, 118 Mo. 660, 24 S. W. 126; Ring v. Jamison, 66 Mo. 424; Wade v. Hardy, 75 Mo. 394; Callahan v. Riggins, 43 Mo. App. 130. (2) The court…
1Opinion of the CourtBland, P. J.
The plaintiff procured an allowance for $1,156.50 against the estate of John Enoch, deceased, in the St.-Charles Probate Court. The administrator appealed to the circuit court, where, on a trial de novo- to- a jury, she recovered a judgment for $1,225, from which the administrator appealed to this court.
The claim, as presented to the probate court and on which the case was tried, reads as follows:
“The estate of John Enoch, deceased,
“To- Amanda F. Jenkins, Dr.
“For the amount of a promissory note executed and delivered by the said John Enoch to the said Amanda F. Jenkins, dated on or about June…
2Cases cited24 opinions
- Tayloe v. RiggsSupreme Court of the United States · 1828
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Dulaney v. BuffumSupreme Court of Missouri · 1903
- Johnston v. JohnstonSupreme Court of Missouri · 1903
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
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3Cited by6 opinions
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- Knight v. Donnelly Bros.Missouri Court of Appeals · 1908
- Ellis v. Springfield-Southwestern Railway Co.Missouri Court of Appeals · 1908
- Hamra v. OrtenMissouri Court of Appeals · 1921
- Leech v. Order of Railroad TelegraphersMissouri Court of Appeals · 1908
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