Stillwell v. Patton
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court committed error in allowing the wife of William Hubbard to testify against the objection of appellant as shown by the abstract, pages 10, 11, 12. This not one of the specified cases in which a wife may testify as laid down in section 4014, Revised Statutes, 1879, and that statute being in derogation of common law is to be strictly construed. Holman v. Bachus, 73 Mo. 49 ; Brismade v. Or oil, 14 Mo.
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Appeal from Pike Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court committed error in allowing the wife of William Hubbard to testify against the objection of appellant as shown by the abstract, pages 10, 11, 12. This not one of the specified cases in which a wife may testify as laid down in section 4014, Revised Statutes, 1879, and that statute being in derogation of common law is to be strictly construed. Holman v. Bachus, 73 Mo. 49 ; Brismade v. Or oil, 14 Mo. App. 444; Willis ©. Oammill, 67 Mo. 730; Moore v. Moore, 51 Mo. 118; Moore v. Wingate, 53 Mo. 408; Stein v. Weidman, Adnir,…
1Opinion of the CourtBlack, J.
In May, 1886, Richard Stillwell, as administrator of the estate of Amos Stillwell, presented to the probate court of Marion county the following note, for allowance against the estate of William Hubbard:
“$3,944. Hannibal, Mo., December 8, 1881.
“ Three years after date I promise to pay to the order of Mary Adeline Hubbard the sum of $3,944, for value received, negotiable and payable without defalcation or discount, and with interest from date at the rate of ten per cent, per annum. William Hubbabd.”
*357The note had been indorsed by Mary Adeline Hubbard, the payee, and her husband, George Hubbard,…
2Cases cited6 opinions
- Paramore v. LindseySupreme Court of Missouri · 1876
- Spradling v. ConwaySupreme Court of Missouri · 1872
- Rose v. First National BankSupreme Court of Missouri · 1886
- Moore v. MooreSupreme Court of Missouri · 1872
- Scroggin v. HollandSupreme Court of Missouri · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- First National Bank v. FordWyoming Supreme Court · 1923
- Home Trust Co. v. JosephsonSupreme Court of Missouri · 1936
- Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1903
- Johnson v. MinihanSupreme Court of Missouri · 1947
14 more not listed; retrieve them via the Exa API.