Embry v. Estate of Martz

( HYDE, Presiding Judge.

Plaintiff’s claim for services was filed in the Probate Court of Bates County .but transferred to the Circuit Court as authorized by Section 473.420, subd. 2. (Statutory references are to RSMo and V.A.M. S.) After verdict and judgment for plaintiff for $25,000.00, the court granted a new trial on defendant’s motion and plaintiff has appealed.

The court’s order stated that it sustained the motion “for error .committed by Court in admitting in evidence over objection of defendant deposition of Mervin Embry, spouse of claimant, and in reading to jury Instruction No. 1…