State ex rel. Crider v. Wagers
Missouri Court of Appeals
Appeal from the DeKaTb Circuit Court. — Hon. O. H. S. Goodman, Judge. (1) The answer in this case attempts to set up an equitable defense, and the plaintiffs contend that there is no legal or equitable defense in the answer. In support of this contention the plaintiffs rely upon the statute, section 252, page 167, Revised Statutes, 1889. Now it is admitted that Arimilda Crider was a nonresident, and was not in a position to receive her shai’e in person from the executor.
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Appeal from the DeKaTb Circuit Court. — Hon. O. H. S. Goodman, Judge. (1) The answer in this case attempts to set up an equitable defense, and the plaintiffs contend that there is no legal or equitable defense in the answer. In support of this contention the plaintiffs rely upon the statute, section 252, page 167, Revised Statutes, 1889. Now it is admitted that Arimilda Crider was a nonresident, and was not in a position to receive her shai’e in person from the executor. It. is also admitted that she did not appear by herself or agent to' receive the money sued for. (2) In so using her money…
1Opinion of the CourtSmith, P. J.
This was an action brought by Arimilda Crider with whom was joined as co-relator her husband, Frank Crider, against defendant Wagers and *435the other defendants as sureties on his bond, as executor of the last will of Simpson M. Wagers, deceased. The breach alleged that there was due the plaintiff, Arimilda Crider, who was a daughter of the deceased, the sum of §183.33, which sum was in the hands of defendant Wagers as executor of said will, and which had been ordered by the probate court of DeKalb county to be paid over by said executor to the said Arimilda Crider, which he had refused to do.
The…
2Cases cited9 opinions
- Leabo v. GoodeSupreme Court of Missouri · 1877
- Appleton v. KennonSupreme Court of Missouri · 1854
- Booker v. ArmstrongSupreme Court of Missouri · 1887
- Citizens' Bank v. CarsonSupreme Court of Missouri · 1862
- Howard v. JonesSupreme Court of Missouri · 1863
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3Cited by8 opinions
- Winters v. Reserve Loan Life InsuranceMissouri Court of Appeals · 1926
- Barton Bros. v. HunterMissouri Court of Appeals · 1894
- Chorn v. ZollingerMissouri Court of Appeals · 1910
- People's State Savings Bank v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1915
- Cahill, Collins & Co. v. Orphan School of the Christian ChurchMissouri Court of Appeals · 1895
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