Clark v. Thias
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — No». R. Eirzel, Judge. (1) The trial court committed error in striking out, on motion of plaintiff, over the objection of defendants, that part of defendants ’ answer averring that the note in controversy was executed by Mary Larkin without any consideration.
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Appeal from Franklin Circuit Court. — No». R. Eirzel, Judge. (1) The trial court committed error in striking out, on motion of plaintiff, over the objection of defendants, that part of defendants ’ answer averring that the note in controversy was executed by Mary Larkin without any consideration. The defendants other than the administrator, Thias, were not parties to the proceeding in the probate court in the matter of the allowance of the note; hence, the action of the probate court in allowing said note is not res adjudicaba, and is no ground to support the motion and order of the court…
1Opinion of the CourtFox, J.
The plaintiff commenced this action against the defendants, F. H. Thias, as administrator of the estate of Mary Larkin, deceased, Adella Walz, and Sarah Lucy, in the circuit court of Franklin county, Missouri, February 28, 1899, by filing his petition to set aside a certain deed of conveyance of real estate from Mary Larkin to defendant Adella Walz in trust to herself and her co-defendant, Sarah Lucy, alleged to have been made voluntarily and without any consideration, with intent to hinder, delay and defraud the creditors of said Mary Larkin. Writs of summons issued, duly executed March…
2Cases cited23 opinions
- Williams v. EdwardsSupreme Court of Missouri · 1887
- Potter v. McDowellSupreme Court of Missouri · 1860
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Stanton v. RyanSupreme Court of Missouri · 1867
- Gentry v. GentrySupreme Court of Missouri · 1894
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3Cited by36 opinions
- Freeman v. BerberichSupreme Court of Missouri · 1933
- Conrad v. Diehl.Supreme Court of Missouri · 1939
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Allen Estate Ass'n v. Fred Boeke & SonSupreme Court of Missouri · 1923
- Hartman v. LauchliCourt of Appeals for the Eighth Circuit · 1956
31 more not listed; retrieve them via the Exa API.