Nowack v. Berger
Supreme Court of Missouri
Appeal from Gasconade Circuit Cowrt. — Hon. Eudolph Hirzel, Judge. In this proceeding for specific performance, it is conceded by plaintiff that the abstract of pleadings prepared by defendants is correct, which sets forth: “1. That he, the said Eberhard H. Sehweer, should take, adopt, support, and treat her son, this petitioner, at all times, as his own natural child, and that plaintiff should at all times perform the duties toward said Sehweer due from children toward…
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Appeal from Gasconade Circuit Cowrt. — Hon. Eudolph Hirzel, Judge. In this proceeding for specific performance, it is conceded by plaintiff that the abstract of pleadings prepared by defendants is correct, which sets forth: “1. That he, the said Eberhard H. Sehweer, should take, adopt, support, and treat her son, this petitioner, at all times, as his own natural child, and that plaintiff should at all times perform the duties toward said Sehweer due from children toward parents. “2. That in case there should be no children born' under his marriage with the said Augusta, that then the…
1Opinion of the CourtSherwood, J.
1. The testimony of Frederick and Henrietta Kotwitz (at whose house Augusta Nowaek was then living with her illegitimate son, the plaintiff, then some two years old), abundantly sustains the allegations of the petition as to the nature, terms, and scope of the agreement entered into between Eberhard H. Schweer, deceased, and said Augusta. There was no evidence to the contrary, and the lower court, after findings suitable to the occasion, decreed that: “a child’s share or the one fourth part of all the estate and property of the said Eberhard H. Schweer be decreed to plaintiff, subject to the…
2Cases cited18 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Gupton v. GuptonSupreme Court of Missouri · 1870
- Healey v. SimpsonSupreme Court of Missouri · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Jordan v. Abney, AdministratorTexas Supreme Court · 1904
- Kinney v. MurraySupreme Court of Missouri · 1902
- Stewart v. SmithCalifornia Court of Appeal · 1907
- Asbury v. HicklinSupreme Court of Missouri · 1904
- Brought v. HowardArizona Supreme Court · 1926
24 more not listed; retrieve them via the Exa API.