Blackwell v. De Arment's Estate, No. 20072.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtDaues
Citation300 S.W. 1035
Docket NumberNo. 20072.
Decision Date10 January 1928
PartiesBLACKWELL v. DE ARMENT'S ESTATE.
300 S.W. 1035
BLACKWELL
v.
DE ARMENT'S ESTATE.
No. 20072.
St. Louis Court of Appeals, Missouri.
January 10, 1928.

[300 S.W. 1036]

Error to Circuit Court, Washington County; A. H. Harrison, Special Judge.

"Not to be officially published."

Proceeding in the probate court by Stella Hoyt Blackwell against the estate of Julia De Arment for the allowance of a claim. On appeal de novo to the circuit court, judgment was rendered for the defendant estate, and plaintiff, claimant, brings error. Reversed and remanded for new trial.

E. C. Edgar, of De Soto, for plaintiff in error.

P. S. Terry, of Festus, and Chas. H. Richeson, of Potosi, for defendant in error.

DAUES, P. J.


This action originated in the probate court of Washington county as a demand against the estate of Julia De Arment, deceased. The claim is for alleged services rendered by plaintiff in error to the deceased Julia De Arment. The statement of claim filed in the probate court is as follows:

"The Estate of Julia De Arment, Deceased, to Stella Hoyt Blackwell, Dr.

"For general housework, and work in garden, dairy work and other work about farm done under the direction of the said Julia De Arment, and at her special instance and request, from July 6, 1898, to December 8, 1907, for which services the said Julia De Arment agreed to pay claimant one-half of whatever estate she, the said Julia De Arment, should own at her death, the total amount of the said estate being $3,402, as shown by inventory and appraisement of said estate now on file in the probate court of Washington county, Mo.

"The amount of this claim and demand being $1,701, which amount is justly due claimant.

 Stella Hoyt Blackwell."
                

The claim was duly sworn to and constitutes the only pleading in the case. The cause was tried in the probate court with a jury, resulting in a verdict for plaintiff in error in the sum of $1,701. The estate appealed to the circuit court of said county, where the matter was heard de novo before a jury, and at the close of plaintiff's case the court sustained a demurrer to the evidence, peremptorily instructing the jury to find for defendant in error. Judgment being rendered under the directed verdict, plaintiff took due steps and appealed to this court. Plaintiff, as appellant there, dismissed that appeal and within the statutory time sued out this writ of error, and the cause is now before us as such.

The defendant in error has filed no brief and has not given us the benefit of argument, either oral or printed. Therefore we are left with no pleadings in the case except such as has been set out as a statement of claim, and no theory being advanced by the defendant in error as to why this judgment should be sustained.

From the abstract of the record brought forward by the plaintiff in error, it appears that plaintiff in error, to whom we will refer as plaintiff, lived in the De Arment home, in Washington county, Mo., from July, 1898, until December, 1907. There is no evidence that there was any blood relationship existing between her and the De Arments. Several witnesses testified that plaintiff was in the De Arment home for such length of time in the capacity of a servant, doing practically all such work herself.

There is testimony from S. F. Rhodes to the effect that he...

To continue reading

Request your trial
10 practice notes
  • Vosburg v. Smith, No. 7253
    • United States
    • Court of Appeal of Missouri (US)
    • 26 Octubre 1954
    ...loc. cit. 926, 929(3); Aldridge v. Shelton's Estate, supra, 86 S.W.2d loc. cit. 396, 398(10); Blackwell v. DeArment's Estate, Mo.App., 300 S.W. 1035, 1036, 11 In re Stein's Estate, supra, 177 S.W.2d loc. cit. 682(4); Hurst v. Hurst's Estate, Mo.App., 151 S.W.2d 543, 544(5); Aldridge v. Shel......
  • Barnes v. Boatmen's Natl. Bank, No. 37098.
    • United States
    • United States State Supreme Court of Missouri
    • 25 Octubre 1941
    ...date services were requested and rendered and well within the five-year period. R.S. Mo. 1929, sec. 860; Blackwell v. De Armants Estate, 300 S.W. 1035; Smith v. Collins, 243 S.W. 219; Balsano v. Madden, 138 S.W. (2d) 660; Schrabauer v. Schneider Engraving Co., 25 S.W. (2d) 529, 224 Mo. App.......
  • Franz' Estate, In re, No. 42369
    • United States
    • United States State Supreme Court of Missouri
    • 14 Enero 1952
    ...National Bank, 354 Mo. 467, 189 S.W.2d 974, 978; Warren v. Davis, Mo.App., 97 S.W.2d 159; Blackwell v. De Arment's Estate, Mo.App., 300 S.W. 1035; Britian v. Fender, 116 Mo.App. 93, 92 S.W. 179. See, also, Watkins v. Donnelly, 88 Mo. 322, 323. The statement of the claim was sufficient to ap......
  • Nibler v. Coltrane, No. 44115
    • United States
    • United States State Supreme Court of Missouri
    • 10 Enero 1955
    ...to stating a cause of action in assumpsit. In re Hukreda's Estate (Mo.Sup.), 172 S.W.2d 824; Blackwell v. De Arment's Estate, Mo.App., 300 S.W. 1035; Joseph v. Joseph, Mo.App., 164 S.W.2d 145; Whitworth v. Monahan's Estate, No.App., 111 S.W.2d 931.' The second count of the petition sufficie......
  • Request a trial to view additional results
10 cases
  • Vosburg v. Smith, No. 7253
    • United States
    • Court of Appeal of Missouri (US)
    • 26 Octubre 1954
    ...loc. cit. 926, 929(3); Aldridge v. Shelton's Estate, supra, 86 S.W.2d loc. cit. 396, 398(10); Blackwell v. DeArment's Estate, Mo.App., 300 S.W. 1035, 1036, 11 In re Stein's Estate, supra, 177 S.W.2d loc. cit. 682(4); Hurst v. Hurst's Estate, Mo.App., 151 S.W.2d 543, 544(5); Aldridge v. Shel......
  • Barnes v. Boatmen's Natl. Bank, No. 37098.
    • United States
    • United States State Supreme Court of Missouri
    • 25 Octubre 1941
    ...date services were requested and rendered and well within the five-year period. R.S. Mo. 1929, sec. 860; Blackwell v. De Armants Estate, 300 S.W. 1035; Smith v. Collins, 243 S.W. 219; Balsano v. Madden, 138 S.W. (2d) 660; Schrabauer v. Schneider Engraving Co., 25 S.W. (2d) 529, 224 Mo. App.......
  • Franz' Estate, In re, No. 42369
    • United States
    • United States State Supreme Court of Missouri
    • 14 Enero 1952
    ...National Bank, 354 Mo. 467, 189 S.W.2d 974, 978; Warren v. Davis, Mo.App., 97 S.W.2d 159; Blackwell v. De Arment's Estate, Mo.App., 300 S.W. 1035; Britian v. Fender, 116 Mo.App. 93, 92 S.W. 179. See, also, Watkins v. Donnelly, 88 Mo. 322, 323. The statement of the claim was sufficient to ap......
  • Nibler v. Coltrane, No. 44115
    • United States
    • United States State Supreme Court of Missouri
    • 10 Enero 1955
    ...to stating a cause of action in assumpsit. In re Hukreda's Estate (Mo.Sup.), 172 S.W.2d 824; Blackwell v. De Arment's Estate, Mo.App., 300 S.W. 1035; Joseph v. Joseph, Mo.App., 164 S.W.2d 145; Whitworth v. Monahan's Estate, No.App., 111 S.W.2d 931.' The second count of the petition sufficie......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT