Davis v. Davis
Supreme Court of Missouri
APPEAL from the Boone Circuit Court. 1. That the Circuit Court erred in setting aside the order of the County Court, and granting a new trial; for the hill of exceptions taken in the County Court was so wholly defective, that the Circuit Court could, by nothing on the record, determine whether the County Court decided right or wrong.— See Laws of Missouri of 1835, sec. 6, p. 63, and see. 8, p. 64; 7 Mo. Rep., 4; 4 Mo.
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APPEAL from the Boone Circuit Court. 1. That the Circuit Court erred in setting aside the order of the County Court, and granting a new trial; for the hill of exceptions taken in the County Court was so wholly defective, that the Circuit Court could, by nothing on the record, determine whether the County Court decided right or wrong.— See Laws of Missouri of 1835, sec. 6, p. 63, and see. 8, p. 64; 7 Mo. Rep., 4; 4 Mo. Rep., 18, Foster and Nowland, and 626, Searcy vs. Devine; 5 Mo. Rep., 110. 2. That the Circuit Court erred in rejecting the testimony offered on the trial in that court by the…
1Opinion of the CourtTompkins, Judge
John Ellis, administrator, with the will annexed, of Samuel Davis, at the May term of the County Court for Boone county, in the year 1841, made his annual settlement, and there was found in his hands, after the settlement of all demands against the estate of the deceased, the sum of $750; whereupon, the record states, "W illiam M. Davis came into court, and moved the court to make an order on the administrator to pay the same over to him, and as evidence of his right, read to the court the last will and testament of Samuel Davis, deceased, which is in the words and figures following, to wit: —
2Cited by18 opinions
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
- Nelson v. WallaceMissouri Court of Appeals · 1892
- Roden v. HelmSupreme Court of Missouri · 1905
- In Re the Marriage of NealMissouri Court of Appeals · 1985
- Ess v. GriffithSupreme Court of Missouri · 1895
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