Griffin v. Nicholas
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Hugh Babbs, Judge. (1) The court erred in permitting the defendants, Ellen Nicholas and Thomas R. Nicholas, to testify, the plaintiffs having objected to their testimony on the ground that they were parties to the transaction, or cause of action, in controversy while the other party, Mrs. Burlingame, was dead.
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Appeal from Jasper Circuit Court. — Hon. Hugh Babbs, Judge. (1) The court erred in permitting the defendants, Ellen Nicholas and Thomas R. Nicholas, to testify, the plaintiffs having objected to their testimony on the ground that they were parties to the transaction, or cause of action, in controversy while the other party, Mrs. Burlingame, was dead. Looker v. Davis, 47 Mo. 145; Angelí v. Hester, 64 Mo. 142; Sitton v. Shipp, 65 Mo. 297; Ring v. Jamison, 66 Mo. 424; Hisaw v. Sigler, 68 Mo. 449; Bradley v. West, 68 Mo. 73; Wood v. Mathews, 73 Mo. 477; Hughes v. Isreal, 73 Mo. 538; Meier v.…
1Dissent
*312DISSENTING OPINION.
LAMM, J.
The following divisional opinion, handed down in Division No. 1, is refiled as a dissenting one In Banc by Lamm-, J., with some changes to fit it for its new use:
Plaintiffs appeal from a decree in Division No. 2 of the Jasper Circuit Court.
The petition was under section 650', Revised Statutes 1899, and had for its purpose to try, ascertain and determine the estate, title and interest of the minor plaintiff, Wallace, and Mrs. Huling, and of the defendants, respectively, in lots 5 and 6, School Addition to the city of Carthage. It counts on the theory that Mrs. Huling…
2Cases cited21 opinions
- Meier v. ThiemanSupreme Court of Missouri · 1886
- State v. VaughanSupreme Court of Missouri · 1906
- Stanton v. RyanSupreme Court of Missouri · 1867
- Morford v. DieffenbackerMichigan Supreme Court · 1884
- Sitton v. ShippSupreme Court of Missouri · 1877
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