Lazonby v. Smithey
Missouri Court of Appeals
Appeal from Ray Circuit Court. — Eon. Francis E. Trimble, Judge. (1) Applicant liad a right, under the admitted facts, to demand the appointment of an administrator, so that he could file his claim for purchase money, obtain a judgment reciting that the same was for purchase of the piano in question, in order to place himself imposition to call into requisition the assistance of a chancery court in seeming possession of said piano and in subjecting- it to the payment of the…
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Appeal from Ray Circuit Court. — Eon. Francis E. Trimble, Judge. (1) Applicant liad a right, under the admitted facts, to demand the appointment of an administrator, so that he could file his claim for purchase money, obtain a judgment reciting that the same was for purchase of the piano in question, in order to place himself imposition to call into requisition the assistance of a chancery court in seeming possession of said piano and in subjecting- it to the payment of the balance due for purchase money. Woolfolk v. Kemper, 31 Mo. App. 423. (2) Under the terms of the statute, J. A. Lazonby…
1Opinion of the CourtEllison, J.
This proceeding was instituted in the probate court of Ray County for the appointment of an administrator of the estate of James B. Smithey, deceased. That court refused the application and the circuit court did likewise on appeal.
It appears that in Smithey’s lifetime he bought a piano of Lazonhy and gave his note for two hundred dollars as a balance of the purchase price. He took possession of the piano at time of purchase and it was in his possession at his death. He left surviving him a widow and two children. His estate, including the piano, was of less value than $400 and the probate…
2Cases cited6 opinions
- Smith v. County of ClarkSupreme Court of Missouri · 1873
- Hastings v. Myers' AdministratorSupreme Court of Missouri · 1855
- Straus v. RothanSupreme Court of Missouri · 1890
- State ex inf. Attorney-General v. DabbsSupreme Court of Missouri · 1904
- State v. KesselsMissouri Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ex Parte TownsendCourt of Criminal Appeals of Texas · 1911
- State Ex Rel. County of Buchanan v. FulksSupreme Court of Missouri · 1922
- Buckley v. MaupinSupreme Court of Missouri · 1939
- Manufacturers Bank & Trust Co. v. Rossen Furniture Co.Supreme Court of Missouri · 1941
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1940