Baldwin v. Dalton
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. (1) The attorney for plaintiffs informed the probate judge that he desired to contest the settlement of Davidson prior to the filing thereof, and was informed by said judge that, when the settlement was filed, if it was fair on its face, he would approve it, and the heirs could appeal from his judgment.
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Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. (1) The attorney for plaintiffs informed the probate judge that he desired to contest the settlement of Davidson prior to the filing thereof, and was informed by said judge that, when the settlement was filed, if it was fair on its face, he would approve it, and the heirs could appeal from his judgment. It showed a determination on his part to approve it, whether right or wrong in fact, and although it may have been burdened with fraudulent debits and credits. He not only advised plaintiffs’ attorney of his purpose to approve the…
1Opinion of the CourtGantt, J.
— This is the second appeal in this case. The former appeal is reported in 139 Mo. 118.
The suit is in equity by the heirs of J. W. Baldwin to set aside the final settlement of Isaac M. Davidson as administrator of J. W. Baldwin, deceased, made and approved at the May term, 1890, of the probate court of Butler county, for fraud, and to surcharge his accounts as such administrator. After the reversal of the cause a retrial was had, which resulted again in a judgment for defendants, from which-plaintiffs again appeal.
When the cause was here on a former appeal, upon the facts then presented to…
2Cases cited8 opinions
- Stewart v. CaldwellSupreme Court of Missouri · 1874
- Grayson v. WeddleSupreme Court of Missouri · 1876
- Moody v. PeytonSupreme Court of Missouri · 1896
- Lewis v. WilliamsSupreme Court of Missouri · 1873
- Nelson v. BarnettSupreme Court of Missouri · 1894
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3Cited by7 opinions
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Lincoln Trust Co. v. NathanSupreme Court of Missouri · 1903
- Stark v. ColeMissouri Court of Appeals · 1963
- Burkharth v. StephensMissouri Court of Appeals · 1906
- State v. SheltonSupreme Court of Missouri · 1926
2 more not listed; retrieve them via the Exa API.