Kincheloe v. Gorman's Administrators
Supreme Court of Missouri
Appeal from Wright Circuit Cowrt. This was an. application to the probate court of Wright county for the allowance of a demand against the estate of John M. Gorman, deceased. From the record -of the proceedings of the probate court it appears that the plaintiff and the administrators appeared and submitted the cause to the court, and that judgment was rendered for the defendants. An appeal was taken to the circuit court.
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Appeal from Wright Circuit Cowrt. This was an. application to the probate court of Wright county for the allowance of a demand against the estate of John M. Gorman, deceased. From the record -of the proceedings of the probate court it appears that the plaintiff and the administrators appeared and submitted the cause to the court, and that judgment was rendered for the defendants. An appeal was taken to the circuit court. On the trial anew in the circuit court, the plaintiff offered in evidence the record of the proceedings of the probate court. The court admitted the record against the…
1Opinion of the CourtNapton, Judge
The objections, which were taken to the record of the proceedings in the county court, we think, were properly overruled. It is true that the record does not show that the administrator was duly notified according to the requirements of the statute; nor does it appear that he made a formal waiver of notice in open court; but the record shows that he was present at the trial, and succeeded in getting a judgment in his favor.
In relation to the affidavit, which the law requires from a claimant before the county court is authorized to allow, a claim, there is nothing in the record to show whether…
2Cited by5 opinions
- Houston's Admr. v. Thompson's Admr.Missouri Court of Appeals · 1901
- Wood v. FlaneryMissouri Court of Appeals · 1901
- Wagoner Undertaking Co. v. JonesMissouri Court of Appeals · 1908
- Bennett v. RodgersMissouri Court of Appeals · 1920
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887