State ex rel. Mueller's Administrator v. Reinhardt
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was a suit brought by the administrator of Catherine' Mueller, deceased, against Bidlingmaier and others, securities on the administration bond of Jacob Mueller, deceased, who had been administrator of said Catherine up to thfe time of his death and the appointment of the plaintiff Kehr as administrator de bonis non.
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Appeal from St. Louis Court of Common Pleas. This was a suit brought by the administrator of Catherine' Mueller, deceased, against Bidlingmaier and others, securities on the administration bond of Jacob Mueller, deceased, who had been administrator of said Catherine up to thfe time of his death and the appointment of the plaintiff Kehr as administrator de bonis non. Kehr also acted as administrator of said Jacob Mueller. .Said Kehr, as administrator of Jacob Mueller, made final settlement of said Jacob’s administration of said Catherine’s estate, and á large balance was adjudged to be due…
1Opinion of the CourtEwing, Judge
This case, as it is now before us, presents no question not involved in the decision heretofore made; (26 Mo. 483;) for the points now made depend upon the effect of the settlement passed upon in that decision.
*98After Bidlingmaier filed his answer to the petition, the suit was dismissed as tó him, judgment by default having been taken against the other defendants. It was insisted that by the default the .allegations of the petition, and the amount alleged to.be due on. the settlement therein set forth, were admitted. . The only breach assigned in the bond was the alleged nonpayment óf a balance…
2Cases cited1 opinion
- State ex rel. Miller's Administrator v. BidlingmaierSupreme Court of Missouri · 1858
3Cited by2 opinions
- State ex rel. Flick v. ReddishMissouri Court of Appeals · 1910
- Clark v. CrosswhiteMissouri Court of Appeals · 1887