Charles v. St. Louis & Iron Mountain Railroad
Supreme Court of Missouri
■ Appeal from Washington Circuit Court. I. The court'erred hi admitting Mrs. Charles to testify as, a witness for-tlie plaintiffs. She was incompetent. She was not the real party in - interest. (Cord on Leg. and Eq. Rights of Married Women. §§ 987, 997, 998:) ‘ The case in 54 Mo., 285, was under statute giving the wife the right of action'; that in '44 Mo;, 441,'was for land'of-wife; that in 48 Mo.,'291, was'to contest'the validity of the will of the wife’s ancestor. II.
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■ Appeal from Washington Circuit Court. I. The court'erred hi admitting Mrs. Charles to testify as, a witness for-tlie plaintiffs. She was incompetent. She was not the real party in - interest. (Cord on Leg. and Eq. Rights of Married Women. §§ 987, 997, 998:) ‘ The case in 54 Mo., 285, was under statute giving the wife the right of action'; that in '44 Mo;, 441,'was for land'of-wife; that in 48 Mo.,'291, was'to contest'the validity of the will of the wife’s ancestor. II. The court erred in refusing to give the-6th instruction asked by the defendant.' - Both -claimed the wood, and both…
1Opinion of the CourtWagner, Judge
This was an action brought by the plaintiff, Catharine West, who afterwards, and during the pendency of the suit, intermarried with Thomas A. Charles, against the defendant for the taking and conversion of one hundred and fifty cords of wood.
The defendant in its answer admitted that it took the wood sued for, but justified the taking and subsequent conversion. It averred, that one Crawford contracted with the plaintiff, Mrs. West, to cut timber on her land, for cord wood, stave timber and cross ties, and that under that contract he cut the wood in controversy, and that after he cut and hauled…
2Cited by4 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1894
- Fairgrieve v. City of MoberlyMissouri Court of Appeals · 1888
- State v. BeatyMissouri Court of Appeals · 1887
- Redman v. PeirsolMissouri Court of Appeals · 1890