White v. Chaney
Missouri Court of Appeals
Appeal from Pettis Circuit Court, Hon. John P» Strother, Judge. Statement of case by the court. This is an action in trespass, for the wrongful taking of goods alleged to be the property of the plaintiff, Mary E.",White, •‘whose husband, Everett White, is joined as co-plaintiff, as a formal party.
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Appeal from Pettis Circuit Court, Hon. John P» Strother, Judge. Statement of case by the court. This is an action in trespass, for the wrongful taking of goods alleged to be the property of the plaintiff, Mary E.",White, •‘whose husband, Everett White, is joined as co-plaintiff, as a formal party. The facts as disclosed at the trial are substantially as follows : The plaintiffs, were married in the state of Kentucky iu 1874, aud continued to live there until 1882, when they came to Sedalia, Mo. During the coverture, aud while living in Kentucky, the wife inherited considerable money from her…
1Opinion of the CourtPhilips, P. J.
Counsel have discussed on this appeal various questions; but we shall consider such of *393them only as, in our opinion, are material and important.
I. Was the husband a competent witness in this action % He was joined merely as a formal party under the statute. He claims no interest in the subject-matter of litigation. The wife is the real party in interest, and the recovery sought was to enure to her sole benefit. That, at common law, the husband could not testify under such circumstances, is not controverted. If competent, it must be by reason of some enabling legislative act. The only…
2Cases cited12 opinions
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Flato v. MulhallSupreme Court of Missouri · 1880
- Meyer v. McCabeSupreme Court of Missouri · 1880
- Sloan v. TorrySupreme Court of Missouri · 1883
- Woodford v. StephensSupreme Court of Missouri · 1873
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3Cited by25 opinions
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
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- Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Missouri Court of Appeals · 1893
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