Wendleton v. Kingery
Missouri Court of Appeals
Error to Morgan Circuit Court.— Hon. James E. IIas ell, Judge. (1) Defendant in error can not maintain this action as agent of the prohate court of Morgan county, for the reason that probate courts are of limited jurisdiction, their powers being conferred solely by statute. Ford Admr. v. Talmage, 36 Mo.
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Error to Morgan Circuit Court.— Hon. James E. IIas ell, Judge. (1) Defendant in error can not maintain this action as agent of the prohate court of Morgan county, for the reason that probate courts are of limited jurisdiction, their powers being conferred solely by statute. Ford Admr. v. Talmage, 36 Mo. App. 65; Butler v. Lawson, 72 Mo. 227. (2) Although the probate court had the authority under the provisions of section 257, chap. 1, art. 11, R. S. 1889, to appoint such agent, the Legislature by the provisions of the act approved May 11, 1899, (see Session Acts of 1899, page 41) repealed the…
1Opinion of the CourtBroaddus, J.
— At the May term, 1891, of the probate court of Morgan county the plaintiff — defendant in error — was appointed agent to take charge of several acres of land belonging to the estate of Charles Fitzgerald, deceased. His appointment was made under authority conferred upon probate courts by section 257, Revised Statutes 1889. During the year 1898 the defendant — plaintiff in error — came into possession of said land. On the 9th day of December, 1902, while defendant was in such possession, plaintiff commenced this suit for the rent thereof. The plaintiff recovered judgment and the defendant…
2Cases cited1 opinion
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
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