Claflin & Thayer v. Burkhart's Administrator
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Jas. Gibson, Judge. (1) The allowance by an assignee is a judgment, in every sense of the term final and res judicata.
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Appeal from the Jackson Circuit Court. — Hon. Jas. Gibson, Judge. (1) The allowance by an assignee is a judgment, in every sense of the term final and res judicata. Eppright v. Kaufman, 90 Mo. 25; Nanson v. Jacobs, 93 Mo. 331. (2) The minute of allowance made on the back of the claim, even if proven to have been made by the assignee, which is denied, is not such a judgment of allowance or a sufficient record to warrant the court in presuming the jurisdictional facts upon which the assignee rendered it. He is presumed to have kept a record of his proceedings, and his judgment must appear of…
1Opinion of the CourtSmith, P. J.
This case originated in the probate court of Jackson county, from, where it was removed by appeal to the circuit court. The account presented for allowance was itemized and amounted to $751.80. To it was attached the usual affidavit required in presenting demands to probate courts for allowance and classification. At the trial, which was before the court, the plaintiff read in evidence the deposition of W. A. Frost, in which it was stated that tlie deponent knew Burk-hart, the deceased, in his lifetime; that he was in the boot and shoe business in the spring of 1885, and made an assignment to…
2Cases cited6 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Swayze v. BrideMissouri Court of Appeals · 1889
- Sensenderfer v. KempSupreme Court of Missouri · 1884
- State ex rel. Richardson v. JamesSupreme Court of Missouri · 1884
- Harrington v. MinorSupreme Court of Missouri · 1883
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3Cited by2 opinions
- Jordan v. DavisSupreme Court of Missouri · 1903
- Bozarth v. Lincoln Legion of HonorMissouri Court of Appeals · 1902