Ratliff v. Magee
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) Final settlement without the statutory publication has not the force and effect of a judgment. Yan Liew v. Beverage Co., 144 Mo. 509; State ex rel. v. Donegan, 83 Mo. 374; s. e., 12 Mo.
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) Final settlement without the statutory publication has not the force and effect of a judgment. Yan Liew v. Beverage Co., 144 Mo. 509; State ex rel. v. Donegan, 83 Mo. 374; s. e., 12 Mo. App. 190. Judgment without notice is void, even in collateral attack. 1 Black on Judgments, sec. 220.' (2) The motion of appellant was filed within three years against tbe judgment approving tbe pretended final settlement, and by statute judgments may be set aside for irregularity. R. S. 1889, see. 2235; Dysart, Adm’r, v. Austin, 36 Mo. 47;…
1Opinion of the CourtValliant, J.
This controversy arises out of an effort on the part of appellant, who is a creditor of the estate of John Brooks, deceased, to open the administration, of which there has been apparently a final settlement, and bring in for further administration assets alleged to have been omitted.
Appellant obtained a judgment against the intestate in his lifetime, which was duly exhibited to the probate court and placed in the fourth class of allowed claims. There were also creditors in the fifth class. Upon the alleged final settlement there was a balance found due by the administrator of $293, which was…
2Cases cited6 opinions
- Russell v. CroySupreme Court of Missouri · 1901
- Young v. DowneySupreme Court of Missouri · 1899
- Haywood v. RussellSupreme Court of Missouri · 1869
- Young v. DowneySupreme Court of Missouri · 1898
- Munday v. LeeperSupreme Court of Missouri · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
- State ex rel. Coleman v. BlairSupreme Court of Missouri · 1912
- Robbins v. BoulwareSupreme Court of Missouri · 1905
- State v. BrownMissouri Court of Appeals · 1908
- In Re Estate of GilroySupreme Court of Minnesota · 1935
7 more not listed; retrieve them via the Exa API.