McCabe v. Lewis
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The estate was not of that character mentioned or • contemplated by the law, which the law authorizes the public administrator to take charge of. Wag. Stat., 122, § 8. It is but a chose in action, a proceeding in equity by which it is sought to recover a judgment against the estate of Catharine O. Long, for conversion of property alleged to have belonged to Maynard. The law never meant to apply to a case of this kind.
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Appeal from St. Louis Court of Appeals. The estate was not of that character mentioned or • contemplated by the law, which the law authorizes the public administrator to take charge of. Wag. Stat., 122, § 8. It is but a chose in action, a proceeding in equity by which it is sought to recover a judgment against the estate of Catharine O. Long, for conversion of property alleged to have belonged to Maynard. The law never meant to apply to a case of this kind. It has reference to goods, ■effects, movables, notes, securities or property of a like character, of strangers or unknown persons without…
1Dissent
Sherwood, C. J.,
Dissenting.—Section 8, article 9, *305chapter 2, Wagner’s Statutes, page 122, mentions five instances in which it is made the duty of the public administrator to take charge of the estates of deceased persons. These instances are.entirely independent of, separate and distinct from, the 6th subdivision of the same section when it becomes his duty to take possession of any estate, when • the probate court gives him an express order to that effect. Section 13 of the same article fully confirms this view, since it requires the public administrator immediately upon taking charge of any…
2Cases cited2 opinions
- Adams v. LarrimoreSupreme Court of Missouri · 1872
- Powers v. Blakey's AdministratorsSupreme Court of Missouri · 1852