Estate of Largue v. Ramsey
Missouri Court of Appeals
Appeal from tbe Circuit Court of tbe City of St. Louis. — Now. James E. Withrow, Judge. (1) Tbe burden of proof was on appellant in tbe circuit court, Puller, executor. .Hoyt v. Davis, 21 Mo. App. 235, 237. (2) Where a plaintiff makes tbe defendant bis witness, be vouches for bis credit and cannot impeach him. Bensberg v. Harris, 46 Mo. App. 404, 407; Ely-Walker D. G. Co. v. Mansur, 87 Mo. App. 105, 112; Dunlap v. Chemical Works, 159 Mo. App. 49, 62; 1 Gr. Ev.
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Appeal from tbe Circuit Court of tbe City of St. Louis. — Now. James E. Withrow, Judge. (1) Tbe burden of proof was on appellant in tbe circuit court, Puller, executor. .Hoyt v. Davis, 21 Mo. App. 235, 237. (2) Where a plaintiff makes tbe defendant bis witness, be vouches for bis credit and cannot impeach him. Bensberg v. Harris, 46 Mo. App. 404, 407; Ely-Walker D. G. Co. v. Mansur, 87 Mo. App. 105, 112; Dunlap v. Chemical Works, 159 Mo. App. 49, 62; 1 Gr. Ev. (14 Ed.), sec. 442. (3) A party cannot impeach bis own witness by showing statements made by him out of court contrary to bis…
1Opinion of the CourtAllen, J.
(after stating the facts as above). The question raised below as to the right of the respondent executor to prosecute the appeal from the probate court to the circuit court is not presented here by appellants and consequently need not be considered. Likewise the ruling of the circuit court refusing to allow appellants’ demand for a jury, is not questioned on appeal.
Appellants take the position that the record before us is to be reviewed as a proceeding in equity, i. e. that it is our province and duty to. review' and weigh the evidence, and pass judgment thereupon, as in a suit in equity;…
2Cases cited15 opinions
- State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Crane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Beier v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Estate of Meeker v. SwiftMissouri Court of Appeals · 1891
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3Cited by5 opinions
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- Rafalko v. GeorgiadisSupreme Court of Virginia · 2015