West v. Burney
Missouri Court of Appeals
Appeal from the Gass Circuit Court. — Hon. W. W. Wood, Judge. (1) The note was not delivered as the law requires in a gift causa mortis'. 3 Pom. Eq. Jur., p. 1149, note 1; Tomlinson v. Ellison, 104 Mo. 105; Gartsidev. Pahlman, 45 Mo. App. 164; Huey v. Huey, 65 Mo. 695; Walter v. Foret, 74 Mo. 198; McCord v. McCord, 77 Mo. 174; 1 Pars, on Con. 236. The testimony of J. F. Blair and A. F. Blair was incompetent.
Read the full summary
Appeal from the Gass Circuit Court. — Hon. W. W. Wood, Judge. (1) The note was not delivered as the law requires in a gift causa mortis'. 3 Pom. Eq. Jur., p. 1149, note 1; Tomlinson v. Ellison, 104 Mo. 105; Gartsidev. Pahlman, 45 Mo. App. 164; Huey v. Huey, 65 Mo. 695; Walter v. Foret, 74 Mo. 198; McCord v. McCord, 77 Mo. 174; 1 Pars, on Con. 236. The testimony of J. F. Blair and A. F. Blair was incompetent. Underhill on Evidence, p. 55; State v. McCoy, 111 Mo. 526; McDermott v. B. B., 73 Mo. 518; Greenleaf on Evidence [14 Ed.], p. 108. The testimony of respondent West is incompetent for any…
1Opinion of the CourtSmith, P. J.
This is an action of replevin which was brought to recover the possession of a certain promissory note. The plaintiff had judgment in the court below and the defendant appealed.
*273Statement. *272There is a preliminary question to which we must first turn our attention. After the joinder in *273error and on the day the cause was docketed for hearing the defendant filed a motion to amend the transcript of the record by inserting in the bill of exceptions therein contained the words “said motions for new trial and in arrest were by the court overruled” “to which rulings of the court defendant duly excepted…
2Cases cited12 opinions
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Darrier v. DarrierSupreme Court of Missouri · 1874
- People v. RomeroCalifornia Supreme Court · 1861
- DeKalb County v. HixonSupreme Court of Missouri · 1869
- State v. GilmoreSupreme Court of Missouri · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Manthey v. Kellerman Contracting Co.Supreme Court of Missouri · 1925
- Johnston v. RaganSupreme Court of Missouri · 1915