Harrington v. Evans
Missouri Court of Appeals
Error to the Platte Circuit Court. — Hon. James M. ■ Sandusky, Judge. (1) The appeal from the probate court was from a judgment against the administrator, and, although not taken by him, it was necessarily taken for him, and he was in court on the appeal.
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Error to the Platte Circuit Court. — Hon. James M. ■ Sandusky, Judge. (1) The appeal from the probate court was from a judgment against the administrator, and, although not taken by him, it was necessarily taken for him, and he was in court on the appeal. Who could the judgment for the claim be rendered against but him? And how could judgment be rendered against him if the appeal by the other parties interested did not bring, him into court? Being in court, and the judgment being rendered against him for the claim, judgment necessarily followed against him for the costs. There is nothing on…
1Opinion of the CourtSmith, P. J.
A demand was allowed by the probate court of Platte county in favor of LaEayette Harrington against Joseph B. Evans, administrator of the estate of Luhetta Harrington, deceased, for the sum of $1,455.57. Afterwards, Samuel W. Harrington and other heirs of the deceased filed an affidavit and bond with themselves as principals and G-ossert as security for an appeal to the circuit court, which was granted. On a trial de novo in the. circuit court, judgment was rendered against said éstate for $425 and costs. At a subsequent term of the court, on the motion of the administrator, the said judgment…
2Cases cited7 opinions
- Gunn v. SinclairSupreme Court of Missouri · 1873
- McIntire v. McIntireSupreme Court of Missouri · 1883
- Keary v. BakerSupreme Court of Missouri · 1863
- Burgess v. HittMissouri Court of Appeals · 1886
- Powell v. CampSupreme Court of Missouri · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- First National Bank of Kansas City v. KavorinosSupreme Court of Missouri · 1955