Dunifer v. Jecko
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — Hon. J. D. Foster, Judge. (1) The court committed error in permitting any evidence to be introduced by plaintiffs in support of tbeir account after tbeir admission tbat tbey were bus-band and wife. (2) Tbe court erred in permitting tbe deposition of plaintiff, Lulu A. Dunifer, to be read to the jury, in behalf of plaintiffs, against the objection of defendant. Sloan v. Terry, 78 Mo. 625; Gault v. Safin,. 44 Pa.
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Appeal from Mississippi Circuit Court. — Hon. J. D. Foster, Judge. (1) The court committed error in permitting any evidence to be introduced by plaintiffs in support of tbeir account after tbeir admission tbat tbey were bus-band and wife. (2) Tbe court erred in permitting tbe deposition of plaintiff, Lulu A. Dunifer, to be read to the jury, in behalf of plaintiffs, against the objection of defendant. Sloan v. Terry, 78 Mo. 625; Gault v. Safin,. 44 Pa. St. 367 ; Seitz v. Mitchell, 94 U. S. 580; Weil v. Simmons, 66 Mo. 620; R. S., sec. .3296; Parsons on Part. 6; R. S., secs. 3570, 3582, 3583.…
1Opinion of the CourtBlack, J.
The plaintiffs are husband and wife, and are engaged in the publication of a newspaper. They sued the defendant on an account for advertisements and local notices published at his request. He filed an off-set for merchandise sold to plaintiff which was made out against both of the plaintiffs. He was allowed his off-set in part, at least, and plaintiffs had judgment for the difference in their favor. No objection was made to the allowance of the set-off.
The defendant insists there was a misjoinder of par-lies ; that the wife could not be a partner with her husband in business matters. A…
2Cases cited2 opinions
- Steffen v. BauerSupreme Court of Missouri · 1879
- Wood v. BroadleySupreme Court of Missouri · 1882
3Cited by10 opinions
- Brooks v. BrooksSupreme Court of Missouri · 1948
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Stouse v. StouseMissouri Court of Appeals · 1953
- Kirkpatrick v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Macks v. Columbia Theatre Co.Missouri Court of Appeals · 1900
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