Ormiston v. Trumbo
Missouri Court of Appeals
Appeal from the Linn Circuit Court. — Hon. W. W. Ruceen, Judge. (1) The bond given by Ormiston, the plaintiff, as guardian of the person and estate of George Moarn, dated April 12, 1897, the date of his appointment, although not filed and approved until the May term of the probate court, yet took effect by relation from the day of its date. 20 Am. and Eng.
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Appeal from the Linn Circuit Court. — Hon. W. W. Ruceen, Judge. (1) The bond given by Ormiston, the plaintiff, as guardian of the person and estate of George Moarn, dated April 12, 1897, the date of his appointment, although not filed and approved until the May term of the probate court, yet took effect by relation from the day of its date. 20 Am. and Eng. Ency. of Law, pp. 726, 736 and note 6; Eox v. Life, 24 Wend. 164, 167, 168; Jackson v. McMichael, 3 Cowen, 75; Crowley v. Wallace, 12 Mo. 143; Winston v. Affalter, 49 Mo. 263; Slagel v. Murdock, 65 Mo. pp. 525, 526; Brawford v. Wolfe, 103…
1Opinion of the CourtGill, J.
Plaintiff as guardian of the person and estate of George Moarn, a person of unsound mind, sued the estate of A. E. Relph, of which defendant Trumbo is administrator, for the value of several years’ labor performed by Moárn on Relph’s farm. Plaintiff had a verdict for $960, and, on defendant’s motion, the court granted a new trial on the sole ground, as stated in the order, “that plaintiff having failed to give bond as guardian before the institution of this suit, had no legal capacity to sue.” Thereupon plaintiff appealed from the order granting a new trial.
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2Cases cited6 opinions
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Bradley v. ReppellSupreme Court of Missouri · 1896
- Sherwood v. NealMissouri Court of Appeals · 1890
- Fox v. LipeNew York Supreme Court · 1840
- Sheehan v. Southern InsuranceMissouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- United States v. Detroit Timber & Lumber Co.Supreme Court of the United States · 1906
- State ex rel. Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Missouri · 1903
- In Re Roff v. LuckMissouri Court of Appeals · 1932