McGinnis v. Loring
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. (1) The probate court should have classified this judgment. Wernse v. McPike, 100 Mo. 176, followed in Stephens v. Bernays, 21 S. W. Rep. 17 (as to the principle involved). And especially as it had ample power to do justice, and in doing so to call in the aid of equitable rules and principles. 1 Woerner’s Am.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. (1) The probate court should have classified this judgment. Wernse v. McPike, 100 Mo. 176, followed in Stephens v. Bernays, 21 S. W. Rep. 17 (as to the principle involved). And especially as it had ample power to do justice, and in doing so to call in the aid of equitable rules and principles. 1 Woerner’s Am. Law of Admin., 310; Titterington v. Hooker, 58 Mo. 593. And, of course, on appeal, the circuit court had the same duty and powers. (2) The court erred in admitting oral testimony of the contents of the letters of the…
1Opinion of the CourtBlack, P. J.
— Plaintiff, as administrator of the estate of Horace Moody, presented to the probate court of the city of St. Louis a judgment for classification against the estate of William H. Cozzens. The probate *408court rejected the demand, and the plaintiff appealed. The circuit court gave alike judgment, and the plaintiff appealed to this court. The defense relied upon in both courts was this, that the judgment had been paid by persons acting in the interest of the estate of Alexander Lyle, he being one of the judgment debtors. The facts, which stand admitted or are proved beyond a doubt, are to the…
2Cases cited1 opinion
- Wernse v. McPikeSupreme Court of Missouri · 1890
3Cited by8 opinions
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- McFaul v. HaleySupreme Court of Missouri · 1901
- Finer v. NicholsMissouri Court of Appeals · 1913
- Henderson v. Shell Oil Co.Court of Appeals for the Eighth Circuit · 1949
- Scharff v. Southern Illinois Construction Co.Missouri Court of Appeals · 1905
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