Dorris v. Dorris
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court.—Hon. Henry G. Riley, Judge. It was error to permit the plaintiff to testify as to the conversation had between her deceased husband and the appellant. R. S., sec. 6359; Cameron v. Moore, 17 Mo. App. 99'; Kitchen v. Hawley, 150 Mo. App. 497.
1Opinion of the CourtReynolds, P. J.
This case has been before the appellate ourts for a long time. The appeal having originally been taken to our court, the ease was *497transferred by us to tbe Springfield Court of Appeals under the provisions of section 3939, Revised Statutes 1909. That court affirmed the judgment of the circuit court, in an opinion which will be found under the title Dorris v. Dorris, 149 Mo. App. 107, 129 S. W. 979. The Supreme Court having held in State ex rel O’Malley v. Nixon et al., 233 Mo. 345, 138 S. W. 342, and kindred cases, that the section of the statute above referred to was unconstitutional, the…
2Cases cited5 opinions
- State ex rel. O'Malley v. NixonSupreme Court of Missouri · 1911
- White v. ChaneyMissouri Court of Appeals · 1886
- Johnston v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Mott Store Co. v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- Dorris v. DorrisMissouri Court of Appeals · 1910