Smith v. Estate of Davis
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. Charles L. Henson, Judge. (1) The appellant’s peremptory instruction should have been given. Respondent made no case hy his evidence and is not entitled to recover, (a) Because respondent did the last work for deceased prior to his marriage in 1903 when his cause of action then accrued. His suit was filed in 1918 and was, barred by the Statute of Limitations, R. S. 1909, section 1889. Boyd v. Buchanan, 176 Mo.
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Appeal from Lawrence Circuit Court. — Hon. Charles L. Henson, Judge. (1) The appellant’s peremptory instruction should have been given. Respondent made no case hy his evidence and is not entitled to recover, (a) Because respondent did the last work for deceased prior to his marriage in 1903 when his cause of action then accrued. His suit was filed in 1918 and was, barred by the Statute of Limitations, R. S. 1909, section 1889. Boyd v. Buchanan, 176 Mo. App. 56; McGrath v. O’Hare, 175 Mo. App. 9 ; Taylor v. Tieman, 111 N. W. 229; Martin v. Martin Estate, 84 N. W. 439; Loper v. Estate of…
1Opinion of the CourtFarrington, J.
This controversy arises over a claim made by the respondent against the estate of Jackson Davis, deceased, which claim was first filed in the probate court where he recovered a judgment for $3800, and on appeal to the circuit court he recovered a judgment for $2200, and it is the latter judgment which forms the subject of this appeal.
Appellant assigns numerous errors in the trial of the cause but principally contends that under .all the evidence, when viewed in its most favorable light to the respondent, it fails under the law to support any judgment whatever, and as we have reached the…
2Cases cited17 opinions
- Kostuba v. MillerSupreme Court of Missouri · 1897
- Lillard v. WilsonSupreme Court of Missouri · 1903
- Guenther v. Birkicht's AdministratorSupreme Court of Missouri · 1856
- Erhart v. DietrichSupreme Court of Missouri · 1893
- Woods v. LandMissouri Court of Appeals · 1888
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3Cited by7 opinions
- Vosburg v. SmithMissouri Court of Appeals · 1954
- McDaniel v. McDanielSupreme Court of Missouri · 1957
- Morris v. RetzMissouri Court of Appeals · 1967
- Ratliff v. SadlierNevada Supreme Court · 1931
- Wharton v. DenbyMissouri Court of Appeals · 1927
2 more not listed; retrieve them via the Exa API.