Priest v. Way
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The presumption in favor of innocence holds in all civil cases in which it comes collaterally in question.
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Appeal from St. Louis Court of Appeals. (1) The presumption in favor of innocence holds in all civil cases in which it comes collaterally in question. Case v. Case, 17 Cal. 598; Bradish v. Bliss, 35 Yt. 326; Klein v. Landmari, 29 Mo. 259; Mtorray v. Murray, 6 Ore. 17; Spears v. Burton, 31 Miss. 547; Lockhart v. White, 18 Tex. 102; Sharp v. Johnson, 22 Ark. 75. (2) A gift may be presumed from possession and the relations of the parties, and the circumstances of the case without direct evidence. Hill & Dale v. Duke, 6 Ala. 259 ; Teague v. Griff eth, 2 Mon. 2; Davis v. Dun-ken, 1 McCord, 213;…
1Opinion of the Court
TIenry,. C. J.
Mrs. Eliza M. Perry died in February, 1873, in the city of St. Louis, at the age of seventy-six, possessed of a large estate, consisting principally of notes, and money. She was a childless widow, and the defendant, Mrs. Mary A. Way, was her cousin, between whom and herself existed intimate and cordial relations. John. Gk Priest is the executor of the last will and testament of Mrs. Perry, and, as such, institute 1 this suit against James C. Way and Mary Ann Way, his wife, charging in a second amended petition, that from January, 1870, until February, 1873, Mrs. Perry was an…
2Cases cited7 opinions
- Ware v. HyltonSupreme Court of the United States · 1796
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Kritzer v. SmithSupreme Court of Missouri · 1855
- Charleson v. HuntSupreme Court of Missouri · 1858
- Vining v. BakerSupreme Judicial Court of Maine · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- Black v. EpsteinSupreme Court of Missouri · 1909
- Bogie v. NolanSupreme Court of Missouri · 1888
- Padley v. CatterlinMissouri Court of Appeals · 1896
- Taussig v. SchieldsMissouri Court of Appeals · 1887
13 more not listed; retrieve them via the Exa API.