Easton v. Courtwright
Supreme Court of Missouri
Appeal from the Marion Circuit Court. — Hon. John T. Redd, Judge. (1) No appeal having been taken from the order of sale of real estate, the circuit court had no jurisdiction to dismiss that proceeding.
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Appeal from the Marion Circuit Court. — Hon. John T. Redd, Judge. (1) No appeal having been taken from the order of sale of real estate, the circuit court had no jurisdiction to dismiss that proceeding. The administrator not having appealed from the action of the probate court sustaining the judgment creditors’ motion applying the proceeds of sale, could not, by filing at the same term, a motion to-vacate sxicli action, and by an appeal from the overruling thereof, acquire any right in himself, or confer upon the circuit court any jurisdiction to dismiss the judgment creditors’ said motion,…
1Opinion of the Court
Philips, C.
Joseph Gf. Easton, LandonC. Easton and Henry C. Easton were partners in the business of banking at Hannibal, Missouri, under the firm name of ££ Joseph G. Easton & Co.” In March, 1877, Joseph died. The concern was largely in debt and had a large amount of assets. Henry C. Easton, as if it were necessary, applied to and received from the clerk of the probate court of that county, letters of administration, as surviving partner on the partnership estate. He gave the requisite bond as such surviving partner. He also gave notice by advertisement of his administration, requiring the…
2Cases cited15 opinions
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- Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
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- Dupuy v. LeavenworthCalifornia Supreme Court · 1861
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