Ackermann v. Haumueller
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Williams, Judge. (1) A final settlement made in the prohate court is equivalent to a final judgment and can be vacated only for the causes for which any other final judgment can be vacated. This would be true of the judgments fixing the appropriation for support which would involve a consideration, necessarily of the earnings of the ward, the amount of the estate, and his position in society, and wants and necessities.
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Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Williams, Judge. (1) A final settlement made in the prohate court is equivalent to a final judgment and can be vacated only for the causes for which any other final judgment can be vacated. This would be true of the judgments fixing the appropriation for support which would involve a consideration, necessarily of the earnings of the ward, the amount of the estate, and his position in society, and wants and necessities. Standard v. Lacks, 25 Mo. App. 69; State v. Roland, 23 Mo. 97; Barton v. Barton, 35. Mo. 163; Boly v. Lake, 54 Mo. 200;…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — In the vieAv that we take of this case it is unnecessary to examine into the instructions or to set out the evidence any further than Ave have done. It may be repeated that it was stipulated on the trial as an admission in the case that Henry Haumueller was the guardian of the plaintiff Elsie and that as guardian he had made final settlement of his accounts and had been discharged, and that the period for which services are demanded was embraced within his term as guardian.
Counsel for respondent has submitted a very elaborate and learned brief and argument, a…
2Cases cited23 opinions
- Tarbell v. JewettMassachusetts Supreme Judicial Court · 1880
- Marquess v. La BawIndiana Supreme Court · 1882
- Montgomery v. GivhanSupreme Court of Alabama · 1854
- Lyon v. OsgoodSupreme Court of Vermont · 1886
- Campbell v. ClarkSupreme Court of Arkansas · 1897
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3Cited by2 opinions
- Trapp v. TrappSupreme Court of Minnesota · 1931
- Fleischaker v. FleischakerMissouri Court of Appeals · 1934