Jillett v. Union National Bank
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. The Probate Court cannot change the classification of demands against an administrator’s estate at a subsequent term. (Miller vs. Janney, 15 Mo., 265; Nelson vs. O’Brien, Id., 357.) Motion to correct will not lie in such case. II. The case of Gibson vs. Chouteau, (45 Mo., 173,) was one where the mistake was that of the clerk and not the court.
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Error to St. Louis Circuit Court. I. The Probate Court cannot change the classification of demands against an administrator’s estate at a subsequent term. (Miller vs. Janney, 15 Mo., 265; Nelson vs. O’Brien, Id., 357.) Motion to correct will not lie in such case. II. The case of Gibson vs. Chouteau, (45 Mo., 173,) was one where the mistake was that of the clerk and not the court. But where the court omits an order which it Ought to have made, the error cannot correct the error nunc pro tunc. (Hyde vs. Curling, 10 Mo., 359.)
1Opinion of the CourtSherwood, Judge
The plaintiffs had certain elaims allowed in the Probate Court of St. Louis County against the estate of Turner Maddox, deceased, and placed in the 6 th class. At a subsequent period, but during the same term, the Union National Bank, also had two claims probated against the same estate. These claims should likewise have been placed in the 6th class, and had it not been for the clerical mistake of the probate judge in indorsing a memorandum on the elaims, to the effect that they belonged to the 5th class, a proper classification would have taken place; as the clerk, misled by the erroneous…
2Cases cited4 opinions
- Gibson v. HeirsSupreme Court of Missouri · 1869
- Priest v. McMasterSupreme Court of Missouri · 1873
- Turner v. ChristySupreme Court of Missouri · 1872
- Miller v. Janney's Ex'rSupreme Court of Missouri · 1851
3Cited by8 opinions
- Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1917
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- People v. RosenwaldIllinois Supreme Court · 1915
- Washakie Livestock Co. v. MeighWyoming Supreme Court · 1934
- Gardner v. PeopleAppellate Court of Illinois · 1902
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