Hargadine v. Gibbons
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. Daniel Dillon, Judge. Aefibmed. (1) Section 6023, Revised Statutes, 1889, provides that “if one or more plaintiffs in a judgment or decree shall die before the same is satisfied or Carried " into effect, the judgment or decree, if concerning the personalty, shall survive to the executors or administrators of such deceased party.” Gaston v. White, 46 Mo. 489; Welch v. City, 12 Mo. App. 516; Simmons v. Hernán, 17 Mo.
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Appeal from St. Louis City Circuit Court.—Hon. Daniel Dillon, Judge. Aefibmed. (1) Section 6023, Revised Statutes, 1889, provides that “if one or more plaintiffs in a judgment or decree shall die before the same is satisfied or Carried " into effect, the judgment or decree, if concerning the personalty, shall survive to the executors or administrators of such deceased party.” Gaston v. White, 46 Mo. 489; Welch v. City, 12 Mo. App. 516; Simmons v. Hernán, 17 Mo. App. 444; Sims v. Kelsey, 75 Mo. 62, 68. Section 1990 provides that every action shall be prosecuted in the name of the real party in…
1Opinion of the CourtGantt, P. J.
In January, 1876, Wayman Crow, William A. Hargadine, Hugh McKittrick, D. D. Walker and Prank Ely, suing in their partnership name of “Crow, McCreery & Co.,” obtained judgment against Isaac W.- Gibbons. Since the judgment was obtained, Wayman Crow and Prank Ely have died and both left wills, and letters testamentary were issued to their executors, and the estate of Ely is still open.
By the terms of the will of Wayman Crow, the residue of his estate, real, personal and mixed was devised to Wm. A. Hargadine and Henry Hitchcock, as trustees for his devisees and legatees. Mr. Ely’s will makes no…
2Cases cited6 opinions
- Crook v. TullSupreme Court of Missouri · 1892
- Easton v. CourtwrightSupreme Court of Missouri · 1884
- Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
- Coudrey v. GilliamSupreme Court of Missouri · 1875
- Ober v. Indianapolis & St. Louis RailroadMissouri Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State ex rel. Richardson v. WithrowSupreme Court of Missouri · 1897
- Wilson v. HooverSupreme Court of Missouri · 1938
- Meriwether v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Hogan v. KrohnSupreme Court of Missouri · 1958
- Teas v. SwearingenCourt of Appeals of Texas · 1937
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