Legal Opinion

Jenkins v. Emmons

Missouri Court of Appeals

Decided February 27, 1906PublishedCited by 6 opinions

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

  1. Tayloe v. RiggsSupreme Court of the United States · 1828
  2. James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
  3. Dulaney v. BuffumSupreme Court of Missouri · 1903
  4. Johnston v. JohnstonSupreme Court of Missouri · 1903
  5. Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896

19 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Carroll v. United Railways Co.Missouri Court of Appeals · 1911
  2. Knight v. Donnelly Bros.Missouri Court of Appeals · 1908
  3. Ellis v. Springfield-Southwestern Railway Co.Missouri Court of Appeals · 1908
  4. Hamra v. OrtenMissouri Court of Appeals · 1921
  5. Leech v. Order of Railroad TelegraphersMissouri Court of Appeals · 1908

1 more not listed; retrieve them via the Exa API.

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