State ex rel. Williams v. Carroll
Supreme Court of Missouri
Error to Osage Circuit Court. I. The petition must show how the plaintiff is guardian; if appointed by a court exercising probate jurisdiction, the name of the court, and the county in which it exercises its functions, should be stated. (Stanley ys. Chappell, 8 Cow. 235 ; State, &c., vs. Matson, 38 Mo. 489; Higgins vs. Hannibal & St. Joseph R. R. Co.,’36Mo. 418.) II. The- petition does not show that the alleged ward ié a minor.
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Error to Osage Circuit Court. I. The petition must show how the plaintiff is guardian; if appointed by a court exercising probate jurisdiction, the name of the court, and the county in which it exercises its functions, should be stated. (Stanley ys. Chappell, 8 Cow. 235 ; State, &c., vs. Matson, 38 Mo. 489; Higgins vs. Hannibal & St. Joseph R. R. Co.,’36Mo. 418.) II. The- petition does not show that the alleged ward ié a minor. (Stanley vs. Chappell, 8 Cow. supra ; Higgins vs. Hannibal & St. Joseph R. R. Co., 36 Mo. 418, supra.) III. The petition fails to show how Carroll ceased to be…
1Opinion of the CourtWagner, Judge
The court sustained a demurrer to the petition, and the plaintiff refused to amend and sued out his writ of error. The pe*157tition averred that on the 24th day of April, 1870, Daniel Carroll was duly appointed guardian and curator of the estate of James C. Williams, a minor heir of Geo. A. Williams, deceased, in conformity to law in such cases made and provided, and that he executed his bond as principal, with John A. Bowen and Will. J. Knott, as sureties, to the State of Missouri in the sum of $600, conditioned that the said Daniel Carroll, principal therein, should, as such guardian of the…
2Cited by8 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Webster v. Sterling Finance Co.Supreme Court of Missouri · 1943
- Eads v. GainsMissouri Court of Appeals · 1894
- State ex rel. Leutert v. BergerMissouri Court of Appeals · 1902
- Ferguson v. DavidsonMissouri Court of Appeals · 1896
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