Legal Opinion

State v. Witherspoon

Supreme Court of Missouri

Decided December 27, 1910PublishedCited by 19 opinions

Appeal from. Bates Circuit Court. — Hon. G. A. Benton, Judge. (1) Judge Denton was disqualified from hearing this case. The issue was the forgery of the deed of trust, and the record shows that M. Goss, whose name was forged to the mortgage, brought in 1899 a suit against the Walton Trust Company to cancel the mortgage on the grounds of forgery.

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Appeal from. Bates Circuit Court. — Hon. G. A. Benton, Judge. (1) Judge Denton was disqualified from hearing this case. The issue was the forgery of the deed of trust, and the record shows that M. Goss, whose name was forged to the mortgage, brought in 1899 a suit against the Walton Trust Company to cancel the mortgage on the grounds of forgery. Judge Denton was one of the attorneys for the Walton Trust Company in the case, and upon the trial the mortgage was cancelled as a forgery. It certainly appears that he should not sit in the trial of a cause wherein the forgery of the identical…

1Opinion of the CourtKennish, J.

On the 12th day of June, 1900', the grand jury of Bates county, Missouri, returned into open court an indictment jointly charging defendant and Jesse Roe and Cap Neff, alias Jones, with the crime of forgery in the first degree, the subject of the forgery being a deed of trust for $870 on certain real estate located in Bates county, Missouri, and owned by M. Goss, whose act and deed the forged instrument purported to be.

Owing to the absence of the defendant and the inability of the State to apprehend him, the cause was not taken up until the regular May term, 1909, of the circuit court of that…

2Cases cited17 opinions

  1. Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
  2. State v. BlitzMissouri Court of Appeals · 1903
  3. State v. SoperSupreme Court of Missouri · 1899
  4. State v. JohnsonSupreme Court of Missouri · 1882
  5. State v. GonceSupreme Court of Missouri · 1885

12 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State v. KollenbornSupreme Court of Missouri · 1957
  2. State v. McGuireSupreme Court of Missouri · 1931
  3. State v. LoveMissouri Court of Appeals · 1976
  4. State v. JonesSupreme Court of Missouri · 1964
  5. State v. SmithSupreme Court of Missouri · 1958

14 more not listed; retrieve them via the Exa API.

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