3 Mo. 490 | Mo. | 1834
delivered the opinion of the Court.
This was aft action brought by Bartlett, the defendant in error, against Hyde, the plaintiff in error, in the Marion Circuit Court, in which Bartlett got judgment, to reverse which Hyde has appealed to this Court.
The testimony is preserved by a bill of exceptions, from which we collect that on the 9th day of November, 1832, Bartlett, the defendant in error, applied for and obtained from the County Court of Ralls county, letters of administration on the estate of one Spillsbury C. Garrett, who came as a traveler and a stranger to the house of Hyde, the plaintiff in error, where he (Garrett) was taken sick and died after a few •days, leaving three hundred and forty-five dollars, which came into the possession of Hyde; that on the 12th day of November, 1832, some person (not named in the record) obtained letters of administration upon the estate of Garrett in Kentucky; and that Hyde paid said money to said administrator from Kentucky, at the county of Ralls, on the first day of December, 1832; that the defendant (Hyde) also offered to prove that all the expenses of the last sickness of said deceased,at the house of said defendant, were paid and settled; by whom, to whom, or when they were paid, is not shown. The Circuit Court excluded the evidence of payment to the Kentucky administrator, as also the evidence offered to prove payment of the expenses of the last sickness. The plaintiff in error excepted to the decision of the Circuit Court in excluding the evidence, and now assigns it for error.
It seems to us clear that the Circuit Court decided correctly in excluding the evidence. The property of every person who dies in Missouri, whether domiciliated