Rice v. McFarland
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — How. D. P. Stratton, Judge. (1) The court erred in holding the defendant Morris to be an incompetent witness. His testimony was objected to and excluded for the reason that he was “party to the suit, and James A- Stearns is dead, and witness was therefore incompetent.” Plaintiff had already stipulated to facts which released Morris from any liability, and which removed all his interest in the suit.
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Appeal from the Barton Circuit Court. — How. D. P. Stratton, Judge. (1) The court erred in holding the defendant Morris to be an incompetent witness. His testimony was objected to and excluded for the reason that he was “party to the suit, and James A- Stearns is dead, and witness was therefore incompetent.” Plaintiff had already stipulated to facts which released Morris from any liability, and which removed all his interest in the suit. His testimony was offered in favor of the defendant McFarland, and not in his own favor ; and he would have beeu a competent witness at common law. Meier v.…
1Opinion of the CourtGill, J.
This case is here upon appeal the second time. It was reversed and remanded at the former hearing a year ago (34 Mo. App. 404), has been tried again in the circuit court, resulting in a judgment for defendant Morris, but against defendant McFarland for the enforcement of a lien against, his land in the sum of $781.83, from which he has appealed to this court. For an understanding as to nature of the controversy we refer to Rice v. McFarland et al., 34 Mo. App. 404.
I. At the trial below the defendants offered defendant Morris as a witness by whom they wished to prove that Steam’s…
2Cases cited22 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
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3Cited by9 opinions
- Adams County Bank v. HainlineMissouri Court of Appeals · 1896
- Richardson v. Moffitt-West Drug Co.Missouri Court of Appeals · 1902
- Scotland County National Bank v. HohnMissouri Court of Appeals · 1910
- Weight v. Fonda & HigginsMissouri Court of Appeals · 1891
- Hair v. EdwardsMissouri Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.