Horine v. Horine & Funk
Supreme Court of Missouri
APPEAL from Jefferson Circuit Court. 1. The case made by the complainants bill was exclusively cognizable in the County Court, and consent of parties could not confer jurisdiction where the law has expressly denied it. 8 Mo. R.,. 169, Miller vs. Woodward. 2. The Circuit Court erred in receiving the testimony of Henry P. Horine, an interested witness. The court also erred in the admission of the release to Henry P. Horine, to render him competent. 3. The decree is erroneous.
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APPEAL from Jefferson Circuit Court. 1. The case made by the complainants bill was exclusively cognizable in the County Court, and consent of parties could not confer jurisdiction where the law has expressly denied it. 8 Mo. R.,. 169, Miller vs. Woodward. 2. The Circuit Court erred in receiving the testimony of Henry P. Horine, an interested witness. The court also erred in the admission of the release to Henry P. Horine, to render him competent. 3. The decree is erroneous. It is rendered against Matthias T. Horine, de bonis propriis, and not as administrator of Michael Horine. 4. There is no…
1Opinion of the CourtScott, J.
This was a bill in chancery, filed by the appellees, who were complainants below, in their own right and also as guardians for some infant complainants, and also in behalf of others, against the appellant, who was. the defendant. The bill states that the complainants and those for whom ■and in whose behalf they sue, were the descendants, or had intermarried with the descendants, of Michael Horine, deceased, who died many years before, in St. Louis county, possessed of considerable real and personal estate in the State of Missouri, all of which was duly administered and divided among the heirs…
2Cases cited1 opinion
- Collins v. EllisNew York Supreme Court · 1839
3Cited by4 opinions
- Freeman v. BerberichSupreme Court of Missouri · 1933
- Porterfield v. Farmers Exchange Bank of GallatinSupreme Court of Missouri · 1931
- Leet v. GratzMissouri Court of Appeals · 1902
- Rogers v. HandNew Jersey Superior Court Appellate Division · 1884