Mabary v. Mabary
Missouri Court of Appeals
Appeal from Hickory County Circuit Court.—Hon. C. H. SJcinlcer, Judge. (1) Under the evidence the case should have been submitted to the jury. Christianson v. McDermott’s Est., 123 Mo. App. 448; Stone v. Troll, 134 Mo. App. 308; Ryan v. Hospes, 167 Mo. 342; Lillard v. Wilson, 178 Mo. 145; Taylor v. Hudson, 145 Mo. App. 377; (2) It was not necessary to prove an express contract.
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Appeal from Hickory County Circuit Court.—Hon. C. H. SJcinlcer, Judge. (1) Under the evidence the case should have been submitted to the jury. Christianson v. McDermott’s Est., 123 Mo. App. 448; Stone v. Troll, 134 Mo. App. 308; Ryan v. Hospes, 167 Mo. 342; Lillard v. Wilson, 178 Mo. 145; Taylor v. Hudson, 145 Mo. App. 377; (2) It was not necessary to prove an express contract. Guenther v. Berkiet’s Admr., 22 Mo. 448; Hart v. Hart’s Admr., 41 Mo. 445; Cowel v. Roberts, 79 Mo. 218; Reando v. Misplay, 90 Mo. 251; Koch v. Hebei, 32 Mo. App. 107. (3) When plaintiff married and moved to himself…
1Opinion of the CourtRobertson, P. J.
-Wm. J. (Jasper) Mabary died in February, 1909, and on December 31, 1910, the plaintiff, his son, filed a claim against his father’s estate in the probate court of Hickory county, as follows:
The estate of Vm. J. Mabary, deceased, to Robert Mabary, Dr.
1892-3, to 24 months labor for deceased at $20 per month $ 480.00
1892-3, credit by one suit of clothes bought at Cross Timbers, $6.00
1892-3, other clothing furnished, 10.00
1894, 10 days work building fence at $1 per day, 10.00
1894, 8 cords wood furnished at $1.25 per cord, 10.00
1895, plowing corn; helping cut and put up 30 acres oats and 70 acres…
2Cases cited23 opinions
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1905
- Kostuba v. MillerSupreme Court of Missouri · 1897
- Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
- Lillard v. WilsonSupreme Court of Missouri · 1903
- Woods v. LandMissouri Court of Appeals · 1888
18 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Allen v. AllenSupreme Court of Missouri · 1954
- Poague v. MalloryMissouri Court of Appeals · 1921
- Brunnert v. BoeckmannMissouri Court of Appeals · 1924
- Witte v. SmithMissouri Court of Appeals · 1941