Powers v. Blakey's Administrators
Supreme Court of Missouri
Error to Morgan Circuit Court. It was competent for the County Court to entertain jurisdiction of the complaint against the defendants, as made by the plaintiff, Powers. Rev. Stat. 1845, tit. Courts, p. 331, 332, sections 13,14. Ib. tit. Administration, sections 2, 4, 5, 9, 10, 11 and 45. Art. 7, same, title and book, section 9, p. 105. Eng. Ecc. Rep. vol. 1, 78, 79, 81, 82. 15 Mo. Rep. 313, 314 and 315, Overton v. McFarland.
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Error to Morgan Circuit Court. It was competent for the County Court to entertain jurisdiction of the complaint against the defendants, as made by the plaintiff, Powers. Rev. Stat. 1845, tit. Courts, p. 331, 332, sections 13,14. Ib. tit. Administration, sections 2, 4, 5, 9, 10, 11 and 45. Art. 7, same, title and book, section 9, p. 105. Eng. Ecc. Rep. vol. 1, 78, 79, 81, 82. 15 Mo. Rep. 313, 314 and 315, Overton v. McFarland. The court below did right in dismissing the cause. The affidavit and proceedings against the defendants are based upon the ninth, tenth, eleventh and twelfth sections of…
1Opinion of the CourtGamble, Judge
1. The proceeding instituted in the 'County Court, by Powers against McElwrath and Blakey, who are administrators of Blakey, deceased, is founded upon a misconception of the meaning of sections 9, 10 and 11 of the second article of the act concerning administrators, Rev. Code, 74. These sections authorize an executor or administrator, or other person interested in an estate, to proceed in the county court against any person who has concealed or embezzled any of the effects of the deceased, and authorize the County Court to compel the appearance of the party charged, and to hear and determine…
2Cited by6 opinions
- Scudder v. AmesSupreme Court of Missouri · 1886
- Stewart v. GlennSupreme Court of Missouri · 1874
- Estate of Elliott v. WilsonMissouri Court of Appeals · 1887
- In re FordMissouri Court of Appeals · 1911
- McCabe v. LewisSupreme Court of Missouri · 1882
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