Imboden v. Union Trust Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor, Judge. (1) The court erred in permitting respondent to submit to the jury the testimony of Dr. Parrish, Jr., the husband of the chief beneficiary under the will of Mr. Imboden, deceased. 1 Greenleaf, Evid., sec. 341; Swift y. Martin, 19 Mo. App. 488; 30 A. & E. Ency. Law (2 Ed.), p. 943; Davis v. Wood, 161 Mo. 17; Sup. Council v. Bevis, 106 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor, Judge. (1) The court erred in permitting respondent to submit to the jury the testimony of Dr. Parrish, Jr., the husband of the chief beneficiary under the will of Mr. Imboden, deceased. 1 Greenleaf, Evid., sec. 341; Swift y. Martin, 19 Mo. App. 488; 30 A. & E. Ency. Law (2 Ed.), p. 943; Davis v. Wood, 161 Mo. 17; Sup. Council v. Bevis, 106 Mo. App. 435; Miller v. Slupsky, 158 Mo. 643. (2) The learned trial judge erred in permitting the witness, Mr. Savage, to answer if he knew “what the purposes and what the character of the…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. The circuit court, on defendant’s motion, struck out the stipulation filed with the depositions taken while the case was pending in the probate court, on evidence introduced in support of the motion, showing that the stipulation filed with the depositions was not the stipulation signed by defendant’s counsel; that the one signed by counsel did not waive the plaintiff’s competency as a witness. In respect to the other point, that plaintiff’s competency was waived by defendant going • beyond the scope of her direct examination in its crossr examination, at the…
2Cases cited3 opinions
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- State v. PollardSupreme Court of Missouri · 1903
- Swift v. MartinMissouri Court of Appeals · 1885
3Cited by4 opinions
- In Re Love's EstateSupreme Court of Oklahoma · 1914
- Hyde v. HoniterMissouri Court of Appeals · 1913
- National Stamping & Electric Works v. WicksMissouri Court of Appeals · 1910
- In re Estate of James, Superior Court of California, County of San Francisco1897