Wernse v. McPike
Supreme Court of Missouri
Appeal from Ralls Circuit Court. —Hon. Theodore Brace, Judge. (1) The judgment of the circuit court of St. Louis county on the note was void, and its classification in the probate court of Ralls county, and all the proceedings in reference to it in said court nullities.
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Appeal from Ralls Circuit Court. —Hon. Theodore Brace, Judge. (1) The judgment of the circuit court of St. Louis county on the note was void, and its classification in the probate court of Ralls county, and all the proceedings in reference to it in said court nullities. Wernse v. McPike, 76 Mo. 249. (2) The note was not presented to the probate court for allowance and notice thereof to the administrator until May, 1879, m ore than six years after the grant of letters, and the demand was barred by the statute. 1 Wag. Stat., p. 102, secs. 2, 5 and 6, and p. 104, sec. 15; Garesche v. Lewis, 93…
1Opinion of the CourtSherwood, J.
The Traders’ Bank of St. Louis held a note for thirty-two hundred dollars made by Leiper Bowling & Co., and indorsed by Abraham McPike. Abraham McPike died, and Henry C. McPike qualified as administrator of his estate, in the probate court of Ralls county, January 28, 1873. The note being unpaid was duly protested, and the bank brought suit on it in the circuit court of St. Louis county against Leiper Bowling & Co. and Henry C. McPike, administrator. The former resided and the latter was found, and all were personally served in St. Louis county on the fifth of July, 1873. In due time judgment…
2Cases cited14 opinions
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Dodson v. ScroggsSupreme Court of Missouri · 1871
- State v. SnyderSupreme Court of Missouri · 1889
- Mulloy v. LawrenceSupreme Court of Missouri · 1862
- North v. Walker's AdministratorSupreme Court of Missouri · 1877
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3Cited by16 opinions
- Matson v. PearsonMissouri Court of Appeals · 1906
- McFaul v. HaleySupreme Court of Missouri · 1901
- Lemp Brewing Co. v. SteckmanMissouri Court of Appeals · 1914
- Gwin v. WaggonerSupreme Court of Missouri · 1893
- Jenkins v. MorrowMissouri Court of Appeals · 1908
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