Taylor v. George
Missouri Court of Appeals
Appeal from Dallas Circuit Court. — Hon. C. H. Skinker, Judge. (1) The administrator has full power to waive service of notice. R. S. 1909, sec. 205. (2) The question of waiver is a mixed question of law and fact. The court assumed the authority to pass on the notion to dismiss, thereby depriving appellants the right to a trial by jury on the question of waiver and on the merits. Bank v. Ins. Co., 109 Mo. App. 659; Keet & Rountree v. Ins. Co., 100 Mo. App. 512; Okey v. Ins.
Read the full summary
Appeal from Dallas Circuit Court. — Hon. C. H. Skinker, Judge. (1) The administrator has full power to waive service of notice. R. S. 1909, sec. 205. (2) The question of waiver is a mixed question of law and fact. The court assumed the authority to pass on the notion to dismiss, thereby depriving appellants the right to a trial by jury on the question of waiver and on the merits. Bank v. Ins. Co., 109 Mo. App. 659; Keet & Rountree v. Ins. Co., 100 Mo. App. 512; Okey v. Ins. Co., 29 Mo. App. Ill; Marohildon v. O’Hara, 52 Mo. App. 526; Murmann v. Wissler, 116 Mo. App. 405; Erlish v. Ins. Co.,…
1Opinion of the CourtCox, J.
This case originated in the probate court of Dallas county by the plaintiffs filing in said court an account against the estate of Munhollen of which defendant George is administrator. The account was filed September 6, 1909, and on September 27, when the case was called the defendant filed a motion to dismiss because no notice of the presentation of said account had been served upon him. This motion was sustained. Plaintiffs appealed to the circuit court where evidence was heard for and against the motion and that court *163also sustained the motion to dismiss and plaintiffs have appealed to…
2Cases cited5 opinions
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Pfeiffer v. SussSupreme Court of Missouri · 1880
- Waltemar v. Schnick's EstateMissouri Court of Appeals · 1903
- Williams v. GerberMissouri Court of Appeals · 1898
- Lombard v. UrbanMissouri Court of Appeals · 1910
3Cited by1 opinion
- Taylor v. GeorgeMissouri Court of Appeals · 1913