Cowsert v. Schooler

• Decision Date: 20 May 1914
• Parties: MARTHA ADALINE COWSERT et al., Appellants, v. GEORGE W. SCHOOLER et al
• Court: Missouri Supreme Court

167 S.W. 447

258 Mo. 96

MARTHA ADALINE COWSERT et al., Appellants, v. GEORGE W. SCHOOLER et al

Supreme Court of Missouri

May 20, 1914

Appeal from Ray Circuit Court. -- Hon. Francis H. Trimble, Judge.

Affirmed.

Farris & Divelbiss for appellants.

Garner, Clark & Garner for respondents.

BROWN, C. Graves, Brown, Bond and Faris, JJ., concur; Lamm, C. J., Woodson and Walker, JJ., dissent.

OPINION

In Banc

BROWN, C. --

This case was tried in the circuit court with the case of Luther S. Schooler et al. v. William N. Schooler et al., decided by us at this term. [Ante, p. 83.] One trial was made to answer for both cases. The facts, which are the same in each, were fairly and fully stated by Bond, J., in that case, and I can do no better than to express my approval of the result reached by him. I find it unnecessary, however, to consider the views expressed by him in the last paragraph of the opinion, for the reason that the failure of Mrs. Cowsert to offer herself as a witness has not influenced me in my conclusion.

The judgment is affirmed.

Per Curiam. --

This case coming from Division Two into Banc on a dissent on rehearing, the foregoing opinion of Brown, C., is adopted as the opinion of the court.

Graves, Brown, Bond and Faris, JJ., concur; Lamm, C. J., Woodson and Walker, JJ., dissent.