Mott v. Bernard
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Bern. H. D. Wood, Judge. (1) The testimony of witnesses Taylor and Grant as to the alleged contract or agreement under which the suit in question was instituted by Mackie, is incompetent; these witnesses are parties to the contract or agreement jointly with Mackie, now dead, and both are interested in the result of the litigation. R. S. 1899, sec. 4652; Tierman v. Meier, 90 Mo. 433; Bank v. Hunt, 25 Mo.
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Appeal from St. Louis City Circuit Court. — Bern. H. D. Wood, Judge. (1) The testimony of witnesses Taylor and Grant as to the alleged contract or agreement under which the suit in question was instituted by Mackie, is incompetent; these witnesses are parties to the contract or agreement jointly with Mackie, now dead, and both are interested in the result of the litigation. R. S. 1899, sec. 4652; Tierman v. Meier, 90 Mo. 433; Bank v. Hunt, 25 Mo. App. 170; Rice v. McFarland, 41 Mo. App. 489; Biebers v. Boeckman, 70 Mo. App. 506. (2) Mackie having, on July 12, 1898, transferred by written…
1Opinion of the CourtGoode, J.
— James H. Mackie, deceased, began an action on December 31, 1898, in the circuit court of the city of St. Louis, against Frederick W. Mott and George H. Sauer for a balance he claimed was due him on a contract between him and Mott and Sauer for the construction of certain houses. Mackie died pending that action. The respondent Taylor Bernard was appointed administrator of his estate, and the cause was revived in said administrator’s name and proceeded with to a judgment for about twenty- five hundred dollars, from which an appeal was taken to this court where the judgment was affirmed,…
2Cases cited4 opinions
- Bates v. ForchtSupreme Court of Missouri · 1886
- Ritter v. Democratic Press Co.Supreme Court of Missouri · 1878
- Sauer v. City of KansasSupreme Court of Missouri · 1878
- Davis v. StaplesSupreme Court of Missouri · 1870
3Cited by2 opinions
- Walton v. Van CampSupreme Court of Missouri · 1955
- Swingley v. DanielsWashington Supreme Court · 1923