State ex rel. Bay v. Holman
Missouri Court of Appeals
Appeal from Bay Circuit Court. — How. J. W. Alexander, Judge. STATEMENT BT BROADDUS, J. This is a suit on the bond of William A. Holman as public administrator and ex-officio public guardian and curator of Ray county, Missouri.
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Appeal from Bay Circuit Court. — How. J. W. Alexander, Judge. STATEMENT BT BROADDUS, J. This is a suit on the bond of William A. Holman as public administrator and ex-officio public guardian and curator of Ray county, Missouri. The petition, after alleging the election of Holman in November, 1894, and the execution and approval of the bond in March thereafter, states that at the July term, 1895, of the probate court of Ray county, upon an inquest duly had before a jury therein, Julia Elliott, a resident of said county, was found and adjudged to be a person of unsound mind and incapable of…
1Opinion of the CourtBroaddus, J.
Under the law in force at the time of the execution of the bond in suit, Holman was not public guardian for insane persons under any circumstances. Section 299, Eevised Statutes 1889, defines his powers and duties as public administrator, and as such he was restricted to administration on certain estates and to act as guardian for minors under certain conditions. His powers were purely statutory, and it certainly can not be claimed that a public officer can have any implied powers. Such would be a dangerous doctrine, and not to be tolerated for a moment. Said section provided that, “it shall…
2Cases cited6 opinions
- United States v. SingerSupreme Court of the United States · 1872
- Bauer v. CabanneSupreme Court of Missouri · 1891
- Schuster v. WeissSupreme Court of Missouri · 1893
- Marney v. State ex rel. VanceSupreme Court of Missouri · 1850
- State ex rel. Burger v. SmithMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hill v. KellerMissouri Court of Appeals · 1911