State ex rel. Bubb v. Shacklett
Missouri Court of Appeals
Appeal from Hannibal Oonrt of Common Pleas. — Hon. David H. Hby, Judge. The special Statutes of Limitations must be pleaded. Wigens v. Lovering, 9 Mo. 262; Stiles v. Smith, 55 Mo. 363. And if he fails to avail himself of it, either by demurrer or answer, he will be held to have waived it. Boyce v. Christy, 47 Mo. 70. A claim allowed by the probate court, unappealed from, is conclusive and not subject to attack.
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Appeal from Hannibal Oonrt of Common Pleas. — Hon. David H. Hby, Judge. The special Statutes of Limitations must be pleaded. Wigens v. Lovering, 9 Mo. 262; Stiles v. Smith, 55 Mo. 363. And if he fails to avail himself of it, either by demurrer or answer, he will be held to have waived it. Boyce v. Christy, 47 Mo. 70. A claim allowed by the probate court, unappealed from, is conclusive and not subject to attack. Jamison v. Wickham, 67 Mo. 575. It possesses all the elements of a final and conclusive judgment. Bradford v. Woolf, 103 Mo. 391. The judgment of allowance in this cause cut off the…
1Opinion of the CourtGoode, J.
— This is an action on the bond of B. W. Shacklett, as surviving partner administering the estate of the firm of Hays & Shacklett. Said firm was organized March 2, 1892, to carry on a mercantile business in the town of Gorin in Scotland county. Hays died September 21, 1893, and Shacklett proceeded to wind up the firm’s affairs. On September 27,1893, he gave the statutory bond as surviving partner in the sum of $14,000. The present action is on that bond and the breach assigned is that Shacklett paid out of the assets of the -estate claims amounting to $13,000, or more; thereby exhausting all…
2Cases cited6 opinions
- State ex rel. Pountain v. GraySupreme Court of Missouri · 1891
- RoBards v. LambSupreme Court of Missouri · 1886
- Van Bibber v. JulianSupreme Court of Missouri · 1884
- State ex rel. Crane v. HeinrichsSupreme Court of Missouri · 1884
- State ex rel. Burger v. SmithMissouri Court of Appeals · 1894
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3Cited by1 opinion
- State ex rel. Dockery v. HubbardMissouri Court of Appeals · 1918