Grimes v. Reynolds

Decision Date13 December 1904
Citation83 S.W. 1132
PartiesGRIMES v. REYNOLDS.
CourtMissouri Supreme Court

Appeal from Circuit Court, Pike County; D. H. Eby, Judge. Proceedings by John M. Grimes for the allowance in his favor of a claim against the estate of Nancy M. Grimes, deceased. From a judgment of the St. Louis Court of Appeals (68 S. W. 588), affirming a judgment of the circuit court, affirming a judgment of the probate court in favor of plaintiff, Courtland Reynolds, as administrator, appeals. Affirmed on the opinion of the Court of Appeals.

Pearson & Pearson, for appellant. Frank J. Duvall and J. D. Hostetter, for respondent.

FOX, J.

This cause was certified to this court by the St. Louis Court of Appeals in obedience to the mandate of the Constitution, because of the conflict between the decision announced by that court and the one announced by the Kansas City Court of Appeals in the case of Lindsay v. Archibald, 65 Mo. App. 117. The opinion by Barclay, J., of the St. Louis Court of Appeals, is as follows: [See 68 S. W. 588.] This opinion is a full, fair, and able discussion of the legal proposition involved in this case. It is only necessary to add, as emphasizing the correctness of the views expressed and conclusions reached by the learned and esteemed judge of the St. Louis Court of Appeals, what was said by this court in banc in Rice, Stix & Co. v. Sally (Mo. Sup.) 75 S. W., loc. cit. 404, 405. Gantt, J., speaking for the court in that case, in discussing the act of the Legislature which is before us for construction in this case, said: "The more recent cases by the St. Louis Court of Appeals, decided since the preparation of the brief by counsel for the respondent interpleader, to wit, Grimes v. Reynolds, 68 S. W. 588, Grimes v. Reynolds, 68 S. W. 591, and Beagles v. Beagles, 68 S. W. 758, disapprove both Lindsay v. Archibald, 65 Mo. App. 117, and McCorkle v. Goldsmith, 60 Mo. App. 475, and follow Locke v. McPherson, 163 Mo. 493, 63 S. W. 726, 52 L. R. A. 420, 85 Am. St. Rep. 546, and Winn v. Riley, 151 Mo. 61, 52 S. W. 27, 74 Am. St. Rep. 517, and hold that a proper construction of our married woman's acts, supra, leads to the complete emancipation of the wife from her matrimonial bonds, so far as her property rights are concerned, in law as well as in equity, and that she may contract with her husband and sue and be sued by him at law." The conclusions upon the question presented in that case were thus expressed: "After a careful...

To continue reading

Request your trial
27 cases
  • In re Hall's Estate
    • United States
    • Missouri Supreme Court
    • July 30, 1935
    ... ... state of the law and to have intended to make and made some ... change in the prior law. Decker v. Diemer, 229 Mo ... 296, 129 S.W. 936; Grimes v. Reynolds, 184 Mo. 679, ... 83 S.W. 1132; Armour v. Lewis, 252 Mo. 568, 161 S.W ... 251; State ex rel. v. Thomas, 203 Mo.App. 452, 220 ... S.W ... ...
  • Curtis v. Sexton
    • United States
    • Missouri Supreme Court
    • July 10, 1913
    ... ... 99; McManis v. Gregory, 16 ... Mo.App. 382; Schilb v. Pendleton, 76 Mo.App. 454; ... Whelen v. Reilly, 61 Mo. 565; Mastin v ... Grimes, 88 Mo. 489; Girard v. St. Louis, 123 ... Mo. 371; Blanton v. Kentucky Dis. Co., 120 F. 318; ... Dichman v. Dichman, 49 Mo. 107. Tender was ... fundamental. [ State ex rel. Eaton v. Gmelich, 208 ... Mo. 152, 106 S.W. 618; Grimes v. Reynolds, 184 Mo ... 679, 83 S.W. 1132.] The intention here evidenced is plain and ... unmistakable. The language of the emergency clause also ... stands ... ...
  • Pulitzer Publishing Co. v. Mcnichols
    • United States
    • Missouri Court of Appeals
    • February 4, 1913
    ...v. Culbertson, 152 Mo.App. 147, 133 S.W. 55, the cause should be certified to the Supreme Court for final determination. It is so ordered. Reynolds, P. J., and Nortoni, concur. ...
  • State ex rel. Wilkerson v. Skinker
    • United States
    • Missouri Supreme Court
    • March 15, 1939
    ... ... and be aggrieved by the judgment. Secs. 284, 285, 287, 289, ... R. S. 1929; 59 C. J. 1094; Grimes v. Reynolds, 184 ... Mo. 679, 83 S.W. 1132, affirming 94 Mo.App. 576, 68 S.W. 588; ... State ex rel. Dean v. Daues, 321 Mo. 1126, 14 S.W.2d ... ...
  • 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