Garton v. Botts
Supreme Court of Missouri
.Appeal from Pettis Circuit Court. — Hon. ¥m. T. Wood, Judge. On the 23rd day of August, 1872, Daniel M. Botts filed his account in the probate court of Pettis county as curator of Margaret May, for final settlement. He asked credit, among other things, for a note of one McCormick, ■which he had held as curator and which he claimed to have turned over to his ward.
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.Appeal from Pettis Circuit Court. — Hon. ¥m. T. Wood, Judge. On the 23rd day of August, 1872, Daniel M. Botts filed his account in the probate court of Pettis county as curator of Margaret May, for final settlement. He asked credit, among other things, for a note of one McCormick, ■which he had held as curator and which he claimed to have turned over to his ward. Upon the hearing he produced the receipt of his ward for said note, dated August 6th, 1872; and the court thereupon allowed the credit, and on the 1st day of March, 1873, approved the settlement. Margaret May subsequently…
1Opinion of the Court
I
Sherwood, C. J.
Numerous decisions of this court attest that final settlements made in probate courts by curators and others acting in similar capacity, occupy the same footing to all intents and purposes as do the judgments of other courts of competent jurisdiction.
The Supreme Court of the United States holds “that the judgment of a court of law or a decree of a court of equity directly upon the same point aud between the same parties is good as a plea in bar and conclusive when given in evidence in a subsequent suit.” Thompson v. Roberts, 24 How. 233; Smith v. Kernochen, 7 How. 198. In the…
2Cases cited6 opinions
- Smith v. KernochenSupreme Court of the United States · 1849
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Miller v. . WhiteNew York Court of Appeals · 1872
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Beall v. PearreCourt of Appeals of Maryland · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- State ex rel. Pountain v. GraySupreme Court of Missouri · 1891
- May v. MaySupreme Court of Missouri · 1905
- Title Guaranty & Surety Co. v. Missouri ex. rel. StormfeltzCourt of Appeals for the Eighth Circuit · 1939
9 more not listed; retrieve them via the Exa API.