Thomas v. Anderson
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenbürgh, Judge. Suit by Harry Anderson and others against William E. Thomas, executor, and others. Decree for plaintiffs, and defendants appeal.
1Opinion of the Court
HOOK, Circuit Judge.
[1] A question of jurisdiction of the trial court lies at the threshold of this case. Though not presented there, except by an assignment of error after final decree on the merits, it is plainly apparent on the record and cannot be ignored. Yocum v. Parker, 66 C. C. A. 80, 130 Fed. 770.
[2] Three heirs at law of a testatrix sued the executor of her will officially and individually in the District Court of the United States for the Western District of Missouri to recover a part of the residuary estate. The plaintiffs were citizens of Tennessee. The executor, who was also an…
2Cases cited13 opinions
- Waterman v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1909
- Robertson v. CeaseSupreme Court of the United States · 1878
- Horn v. LockhartSupreme Court of the United States · 1873
- Continental Insurance v. RhoadsSupreme Court of the United States · 1886
- Denny v. PironiSupreme Court of the United States · 1891
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3Cited by32 opinions
- Newman-Green, Inc. v. Alfonzo-LarrainSupreme Court of the United States · 1989
- Levering & Garrigues Co. v. MorrinCourt of Appeals for the Second Circuit · 1932
- Dollar S. S. Lines, Inc. v. MerzCourt of Appeals for the Ninth Circuit · 1934
- Grant County Deposit Bank v. McCampbellCourt of Appeals for the Sixth Circuit · 1952
- Roos v. Texas Co.Court of Appeals for the Second Circuit · 1927
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