State ex rel. Shinn v. Stafford
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus,. Judge. This was an action on an administrator’s bond, begun in the probate court of Carroll county. The breach assigned was failure of the administrator to pay fifty per cent of a claim that had been allowed in favor of the plaintiff and against the estate of the intestate. There had been an order of the probate court to pay fifty per cent of all unsecured claims of the fifth class, allowed against the estate.
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Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus,. Judge. This was an action on an administrator’s bond, begun in the probate court of Carroll county. The breach assigned was failure of the administrator to pay fifty per cent of a claim that had been allowed in favor of the plaintiff and against the estate of the intestate. There had been an order of the probate court to pay fifty per cent of all unsecured claims of the fifth class, allowed against the estate. Plaintiff’s claim belonged to that class, but was secured by a deed of trust on real estate. Defendants had judgment in the…
1Opinion of the Court
I
Sherwood, C. J.
There was error in holding that the probate court of Carroll county had no jurisdiction of the cause. Section 1 of article 4 of the act establishing that court, (Acts 1859-60, p. 45,) confers the usual “ exclusive original jurisdiction” on that court, conferred by most of the probate acts, and section 2 of that article provides that “executors, administrators and curators may sue and be sued before said judge of probate, in all cases at law in which the action of debt or assumpsit will lie, and for all sums or demands, and damages claimed to be due to and from themselves in…
2Cases cited5 opinions
- Dodson v. ScroggsSupreme Court of Missouri · 1871
- State ex rel. Cowan v. ModrellSupreme Court of Missouri · 1852
- State ex rel. Hunter v. MaulsbySupreme Court of Missouri · 1873
- Julian v. WardSupreme Court of Missouri · 1878
- Clark ex rel. Gentry v. MurphySupreme Court of Missouri · 1821
3Cited by2 opinions
- Huntsman v. HooperSupreme Court of Minnesota · 1884
- State ex rel. Longdon v. ShelbySupreme Court of Missouri · 1882