Gewe v. Hanszen
Missouri Court of Appeals
Appeal from the Cole Circuit Court. — Eon. T. B. Robinson, Judge. (1) It was not necessary, this suit having been begun in the circuit court, that a copy of the note should have been served on the executrix within the two years of her appointment. R. S. 1889, secs. 186, 190. (2) "Where the demand is enforced by an original suit in the circuit court, the service of “summons takes the place of the notice otherwise required.”
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Appeal from the Cole Circuit Court. — Eon. T. B. Robinson, Judge. (1) It was not necessary, this suit having been begun in the circuit court, that a copy of the note should have been served on the executrix within the two years of her appointment. R. S. 1889, secs. 186, 190. (2) "Where the demand is enforced by an original suit in the circuit court, the service of “summons takes the place of the notice otherwise required.” Stephens v. Bernays, 119 Mo.' 147; Wernse v. McPike, 100 Mo. 480. (3) It is only where the demand is first presented to the probate court under Revised Statutes 1889,…
1Opinion of the CourtEllison, J.
— This action was begun in the circuit court and is on a promissory note given by a father to his son and assigned to plaintiff by the latter.
The maker died and defendant was appointed his executrix on August 14, 1896. She immediately gave notice of her appointment. Plaintiff begun this suit August 12, 1898, against defendant as administratrix. In December following, he filed an amended petition by declaring against her as executrix. A copy of the note was filed with the original petition sworn to by plaintiff’s attorney. A copy was filed with the amended petition sworn to by plaintiff…
2Cases cited9 opinions
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Wernse v. McPikeSupreme Court of Missouri · 1890
- Hannibal & St. Joseph Railroad v. KnudsonSupreme Court of Missouri · 1876
- Stephens v. BernaysSupreme Court of Missouri · 1893
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3Cited by2 opinions
- Minor v. LillardSupreme Court of Missouri · 1957
- Linn County Bank v. CliftonSupreme Court of Missouri · 1914