Whaley v. Whaley
Supreme Court of Missouri
Error to Marion Circuit Court. I. There was no warrant in law for the submission of the matters involved in the petitioner’s application to a jury. The proceeding was unknown to the common law. It was not an action to recover money or property to which the petitioner had an antecedent right, or damages for the deprivation of any right, and it was therefore not a case for a jury. The petitioner’s right wholly depends upon the exercise of the discretion of the court.
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Error to Marion Circuit Court. I. There was no warrant in law for the submission of the matters involved in the petitioner’s application to a jury. The proceeding was unknown to the common law. It was not an action to recover money or property to which the petitioner had an antecedent right, or damages for the deprivation of any right, and it was therefore not a case for a jury. The petitioner’s right wholly depends upon the exercise of the discretion of the court. It is the court that the law invests with the power, as well of determining what is a reasonable sum as of making the…
1Opinion of the CourtWagner, Judge
The plaintiff, who is the widow of William Whaley, deceased, made an application to the County Court for an appropriation out of the assets of the estate of the deceased, to supply a deficiency of provisions to which it was alleged she was entitled. The County Court appropriated a specific amount, and the executors appealed *580to the Circuit Court. On a hearing in the latter court, a jury was impaneled, the court gave for their guidance regular instructions, and they found a verdict for plaintiff, upon which a judgment was rendered in the ordinary form, that the plaintiff do “recover,” etc., “…
2Cited by9 opinions
- Stevens v. LarwillMissouri Court of Appeals · 1904
- In Re Kionka's EstateDistrict Court of Appeal of Florida · 1959
- State Ex Rel. Kemp v. ArnoldMissouri Court of Appeals · 1938
- In re FordMissouri Court of Appeals · 1911
- Fox v. Waterloo National BankSupreme Court of Iowa · 1905
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