Legal Opinion

Aull Savings Bank v. Aull's Administrator

Supreme Court of Missouri

Decided October 15, 1883PublishedCited by 70 opinions

Appeal from Lafayette Circuit Court. — Hon. Wm. T. Wood, Judge. At the trial of this ease in the circuit court a witness for plaintiff was asked to state what George Wilson, then deceased, bad testified to in the probate court, where the case originated; but the court refused to permit him to do so. Plaintiff assigned this for error. The testimony which it was thus proposed to have rehearsed to the jury was not embodied in this record.

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Appeal from Lafayette Circuit Court. — Hon. Wm. T. Wood, Judge. At the trial of this ease in the circuit court a witness for plaintiff was asked to state what George Wilson, then deceased, bad testified to in the probate court, where the case originated; but the court refused to permit him to do so. Plaintiff assigned this for error. The testimony which it was thus proposed to have rehearsed to the jury was not embodied in this record. The fourth instruction referred to in the opinion, was as follows: Real estate and the fixtures and appurtenances thereto belonging can only be sold and…

1Opinion of the CourtSherwood, J.

The plaintiff presented in the probate court for allowance against the estate of Robert Aull, deceased, a demand of $1,639.04, for rent of office in the Aull Savings Bank building, and use of vault and safe from March 19th, 1874, to November 19th, 1878, at $25 per month, payable monthly. The amount of the demand consisted in part of interest charged on each month’s rent as it was alleged to have fallen due. George "Wilson, the agent of Robert Aull, deceased, had for years occupied a desk and a portion of the space in the room or rooms in the bank building,' and after the transfer of that…

2Cases cited3 opinions

  1. Steines v. Franklin CountySupreme Court of Missouri · 1871
  2. Hart v. HessSupreme Court of Missouri · 1867
  3. State ex rel. Stanley v. St. Louis Brokerage Co.Supreme Court of Missouri · 1884

3Cited by70 opinions

  1. Jackson v. HardinSupreme Court of Missouri · 1884
  2. Hickman v. GreenSupreme Court of Missouri · 1894
  3. Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
  4. State v. MartinSupreme Court of Missouri · 1894
  5. McCormick v. City of St. LouisSupreme Court of Missouri · 1901

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