Long v. Martin
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) Tbe defendant’s objection to plaintiff’s testimony as to conversations and acts with John W. Allen should bave been sustained. If as it was shown tbe property belonged to Mrs. Allen, then any statement, declaration or act of Joba W. Allen about tbe property could not bind her, and was incompetent for any purpose.
Read the full summary
Transferred from St. Louis Court of Appeals. (1) Tbe defendant’s objection to plaintiff’s testimony as to conversations and acts with John W. Allen should bave been sustained. If as it was shown tbe property belonged to Mrs. Allen, then any statement, declaration or act of Joba W. Allen about tbe property could not bind her, and was incompetent for any purpose. (2) Tbe testimony of John W. Allen detailing conversations between him and bis wife was incompetent, and should have been excluded on defendant’s objection. Tbey were tben busband and wife, and tbe confidential relations between them…
1Opinion of the CourtValliant, J.
This is an action of replevin to recover, a lot of mules and hogs; it was begun in the justice’s court whence it was carried by appeal to the .circuit court of Lincoln county, and from there to the St. Louis Court of Appeals, and transferred to this court upon the certificate of one of the judges of the last named court that its decision is in conflict with certain decisions of this court named in the certificate.
The real controversy is between the plaintiff, and Mrs. Allen; the defendant Martin is the son of Mrs. Allen and at the time the suit was begun was in possession of the property…
2Cases cited8 opinions
- McLaren v. HallSupreme Court of Iowa · 1868
- Macfarland v. HeimSupreme Court of Missouri · 1895
- Williams' Admr. v. WilliamsSupreme Court of Missouri · 1878
- Rodgers v. Bank of Pike CountySupreme Court of Missouri · 1879
- Eystra v. CapelleSupreme Court of Missouri · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hildreth v. KeyMissouri Court of Appeals · 1960
- Sexton v. SextonSupreme Court of Iowa · 1905
- Howard v. StrodeSupreme Court of Missouri · 1912
- Reed v. Peck, Guitar & WatsonSupreme Court of Missouri · 1901
- Kuenzel v. StevensSupreme Court of Missouri · 1900
26 more not listed; retrieve them via the Exa API.