Spaulding v. Suss
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. Where the word “may” is used in a statute, its ordinary meaning will be presumed to be intended, unless it would manifestly defeat the object of the provision. — Minor v. Mechanics’ Bank of Alexandria,A Pet. 64; NeuiYorlc & Frie R. Go. Y.Ooburn,. 6 How.
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Appeal from St. Louis Circuit Court. Where the word “may” is used in a statute, its ordinary meaning will be presumed to be intended, unless it would manifestly defeat the object of the provision. — Minor v. Mechanics’ Bank of Alexandria,A Pet. 64; NeuiYorlc & Frie R. Go. Y.Ooburn,. 6 How. Pr. 224; Gentler v. Hoioard, 9 Wis. 309 ; Wheeler v. Gity of Chicago, 24 Ill. 105 ; Williamson v. Anthony,. 47 Mo. 300. A strict compliance with the provisions of the statute is not indispensable to the exhibition of a claim, and the administrator may waive such exhibition.— Gaines v. Bush, 16 Ark. 647 ;…
1Opinion of the CourtBakewell, J.
The plaintiffs established a claim for $1,594.24 against, the estate of Abraham Suss, in the Probate Court of St. Louis County; the demand was placed by the court in the sixth class. As the fifth class demands will not be paid in full, this classification makes the demand worthless, and an appeal was taken to the Circuit Court, where, on trial anew, the claim was again placed in the sixth class ; and plaintiffs-appeal to this court.
The only witness examined was Philip Walter. It appears from his testimony, and from the documentary evidence in the case, consisting to a great extent of…
2Cases cited10 opinions
- Burton v. RutherfordSupreme Court of Missouri · 1872
- Richardson v. HarrisonSupreme Court of Missouri · 1865
- Smarr v. McMasterSupreme Court of Missouri · 1864
- Bryan v. MundySupreme Court of Missouri · 1851
- Williamson v. AnthonySupreme Court of Missouri · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Vanderpool v. VanderpoolMontana Supreme Court · 1914
- Bauer v. GrayMissouri Court of Appeals · 1885
- Douglass v. FolsomNevada Supreme Court · 1893
- Harrison MacHine Works v. AufderheideMissouri Court of Appeals · 1926
9 more not listed; retrieve them via the Exa API.