Legal Opinion

Parsons v. Parsons

Supreme Court of Missouri

Decided January 15, 1870PublishedCited by 19 opinions

Error to First District Court. I. The deposition of Isaac Parsons ought to have been admitted. The same subject-matter was in dispute, and there was a privity in the parties. (1 Greenl. Ev., §§ 553, 554; Cabanne et al. v. Walker,' 31 Mo. 274 ; Jaccard et al. v. Anderson, 37 Mo. 91.) II. The deposition can not be excluded under the statute. (2 Wagn.

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Error to First District Court. I. The deposition of Isaac Parsons ought to have been admitted. The same subject-matter was in dispute, and there was a privity in the parties. (1 Greenl. Ev., §§ 553, 554; Cabanne et al. v. Walker,' 31 Mo. 274 ; Jaccard et al. v. Anderson, 37 Mo. 91.) II. The deposition can not be excluded under the statute. (2 Wagn. Stat. 1372, § 1; 44 Me. 21; 45 Me. 461; Green et al. v. Gould, 3 Allen, 465; Mathewson v. Estate of Sargeant, 36 Verm. 142.) HBl Tbe deposition of Isaac Parsons, deceased, was properly excluded, for tbe reason that tbe deposition was taken in…

1Opinion of the Court

Wagner, Judge,

delivered tbe opinion of tbe court., Ejectment tried in tbe Saline Circuit Court for tbe recovery of a tract of l&nd, where plaintiff bad judgment, which was affirmed on appeal in tbe District Court. Tbe main point presented for consideration here is' tbe action of tbe court in its rulings as to the admissibility of testimony, though exceptions are also taken in reference to tbe instructions.

Tbe action was against Agnes, tbe widow of Isaac Parsons, deceased; and tbe plaintiff, who was tbe son of Isaac, claimed tbe premises by virtue of a deed, which he alleged was executed and…

2Cases cited4 opinions

  1. Jaccard v. AndersonSupreme Court of Missouri · 1865
  2. Samuel v. WithersSupreme Court of Missouri · 1852
  3. Tindall v. JohnsonSupreme Court of Missouri · 1835
  4. Mathewson v. Estate of SargeantSupreme Court of Vermont · 1863

3Cited by19 opinions

  1. Coughlin v. HaeusslerSupreme Court of Missouri · 1872
  2. Hall v. HallSupreme Court of Missouri · 1891
  3. Stone v. HuntSupreme Court of Missouri · 1893
  4. Kuh v. GarvinSupreme Court of Missouri · 1894
  5. DeMott v. DillinghamMissouri Court of Appeals · 1974

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