Cole County v. Dallmeyer
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) Tlie probate court had jurisdiction of the suit; probate courts, in the allowance of demands, are on the same footing with courts of general jurisdiction. Roth-man v. Schmuclcer, 94 Mo. 139 ; Johnson v. Beasley, 65 Mo. 250; Henry v. McKerlie, 78 Mo. 416 ; R. S. 1879, sec. 192. (2) Jurisdiction once conferred on a court is never divested, except by express words of exclusion.
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Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) Tlie probate court had jurisdiction of the suit; probate courts, in the allowance of demands, are on the same footing with courts of general jurisdiction. Roth-man v. Schmuclcer, 94 Mo. 139 ; Johnson v. Beasley, 65 Mo. 250; Henry v. McKerlie, 78 Mo. 416 ; R. S. 1879, sec. 192. (2) Jurisdiction once conferred on a court is never divested, except by express words of exclusion. Tackett v. Vogler, 85 Mo. 480; State v. Court, 38 Mo. 403; Com. v. Hudson, 11 Gray, 65. Hence the statute authorizing proceedings in the county court (R. S.…
1Opinion of the CourtBlack, J.
Prank Schmidt was elected treasurer of Cole county at the November election in 1882. He qualified and continued to discharge the duties of his office until his death, which occurred in November, 1884.
Jacob Tanner became the successor, of Schmidt. Kunigunda Schmidt qualified as the executrix of the deceased treasurer. Cole county filed a claim in the probate court against the Schmidt estate for $1,647.74, balance claimed to be due on the county interest fund, which claim was allowed by the probate court, and the executrix appealed. The circuit court, on a trial anew, sustained a demurrer to…
2Cases cited9 opinions
- Walton v. United StatesSupreme Court of the United States · 1824
- State ex rel. Saline County v. SappingtonSupreme Court of Missouri · 1878
- County of Marion v. PhillipsSupreme Court of Missouri · 1869
- State v. RubeySupreme Court of Missouri · 1883
- State ex rel. Carroll County v. RobertsSupreme Court of Missouri · 1876
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3Cited by26 opinions
- People v. McGarryMichigan Supreme Court · 1904
- State v. ConleyWest Virginia Supreme Court · 1937
- Higginbotham v. StateSupreme Court of Florida · 1924
- State ex rel. Scotland County v. EwingSupreme Court of Missouri · 1893
- Kessler v. ClayesMissouri Court of Appeals · 1910
21 more not listed; retrieve them via the Exa API.