Stevens v. Larwill
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Row. James Gibson, Judge. (1) The court erred in refusing a trial by jury of the questions of fact in this cause mentioned in the motion for such trial by appellants and as requested by appellants at the trial. Tinsley v. Kinney, 170 Mo. 317; Rutherford v. Williams, 42 Mo. 38; Smith v. Canning Co., 14 Mo. App. 522; New Harmony Lodge v. Railroad, — Mo.
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Appeal from Jackson Circuit Court. — Row. James Gibson, Judge. (1) The court erred in refusing a trial by jury of the questions of fact in this cause mentioned in the motion for such trial by appellants and as requested by appellants at the trial. Tinsley v. Kinney, 170 Mo. 317; Rutherford v. Williams, 42 Mo. 38; Smith v. Canning Co., 14 Mo. App. 522; New Harmony Lodge v. Railroad, — Mo. App. —, 74 S. W. 5. (2) The petition in the suit in partition, described all the lands in Missouri owned by John C. Larwill in his lifetime, and all persons having any interest, real or fancied, in such…
1Opinion of the CourtSmith, P. J.
— This is a procedure which originated in the probate court having fob its object the annulment of the letters of administration, with the will annexed, granted to defendant Joseph H. Larwill on the estate of J ohn C. Larwill, deceased, and to remove him. It was carried by appeal to the circuit court where, on a trial de novo, the facts which the evidence tended to prove were, briefly stated, about as follows, viz: That J ohn O. Larwill, a resident of the State of Ohio, died during the month of August, 1901, at his home in Ohio, leaving a large estate in Ohio, Missouri and other States. The…
2Cases cited33 opinions
- Morris v. GilmerSupreme Court of the United States · 1889
- State v. BockstruckSupreme Court of Missouri · 1896
- State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873
- State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. WithrowSupreme Court of Missouri · 1896
- In Re Proving the Alleged Last Will & Testament of HathawayNew York Court of Appeals · 1877
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3Cited by22 opinions
- In Re Toler's EstateSupreme Court of Missouri · 1959
- In re FordMissouri Court of Appeals · 1911
- Wyrick v. WyrickMissouri Court of Appeals · 1912
- State Ex Rel. Gregory v. HendersonMissouri Court of Appeals · 1935
- People v. ShowalterCalifornia Court of Appeal · 1932
17 more not listed; retrieve them via the Exa API.