Eaton v. Walsh
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The defendant, Anderson, not being served with notice of the proceeding herein, the court below had no power to make any order against him, or enforce such order or judgment pgainst his securities on the administration bond of said Anderson, and the judgment is therefore void.
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Appeal from St. Louis Circuit Court. I. The defendant, Anderson, not being served with notice of the proceeding herein, the court below had no power to make any order against him, or enforce such order or judgment pgainst his securities on the administration bond of said Anderson, and the judgment is therefore void. (Smith v. Ross, 7 Mo. 463; Anderson v. Brown, 9 Mo. 646 ; Roach v. Burnes, 33 Mo. 319.) H. A judgment is an entirety, and if void as to one defendant is void as to all. (Covenant Mutual Ins. Co. v. Clover, 36 Mo. 392; Dickinson v. Chrisman, 28 Mo. 135.) HI. The judgment is…
1Opinion of the CourtWagner, Judge
This was a proceeding commenced in the St. Louis Probate Court, under section 66 of the first article concerning administrators. (R. C. 1855, p. 126.)
*274It appears that John J. Anderson obtained letters of administration on the estate of Mary Ann Dubois, deceased, and that the-appellants were the securities on his official bond. Anderson made his first annual settlement with the court, wherein it was. found that assets came to his hands belonging to the estate-amounting to nineteen hundred and twenty - eight dollars and seventy cents, and that he had paid out two dollars and five cents, leaving…
2Cited by3 opinions
- McCarty v. FrazerSupreme Court of Missouri · 1876
- Shackelford's Administrator v. ClarkSupreme Court of Missouri · 1883
- Hargadine v. GibbonsMissouri Court of Appeals · 1891