State ex rel. Collins v. Dulle
Supreme Court of Missouri
Error to First District Court. I. Any one injured may sue on the bond for waste. (Gen. Stat. 1865, p. 531, § 9 ; Oliver v. Crawford, 1 Mo. 188 ; State v. Chouteau, 1 Mo. 524-8 ; 3 Mo. 127; Morrison v. St. Gemrne, 23 Mo. 344 et seq.; Adams v. Campbell, 10 Mo. 724 ; Oldam v. Trimble, 15 Mo. 225, 228 ; Coman v. Mardell, 15 Mo. 424.) II.
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Error to First District Court. I. Any one injured may sue on the bond for waste. (Gen. Stat. 1865, p. 531, § 9 ; Oliver v. Crawford, 1 Mo. 188 ; State v. Chouteau, 1 Mo. 524-8 ; 3 Mo. 127; Morrison v. St. Gemrne, 23 Mo. 344 et seq.; Adams v. Campbell, 10 Mo. 724 ; Oldam v. Trimble, 15 Mo. 225, 228 ; Coman v. Mardell, 15 Mo. 424.) II. The petition showing on its face a cause of action, a motion in arrest is not the mode of reaching an objection to the capacity of plaintiff to sue. (Gen. Stat., 1865, p. 684, § 7 ; Jackson v. Anderson, 82 Mo. 118 ; Welch v. Bryan, 28 Mo. 30 ; Jones v. Stille, 36…
1Opinion of the CourtWagner, Judge
From the record it appears that B. Bruns administered on the estate of Grisberg, deceased, and that Barrett and Dulle were his securities on the administration bond. The plaintiffs had a demand against the estate, which was regularly proved up and classified. The plaintiffs had a demand against the estate. They were also the assignees of several other demands. Bruns made his first annual settlement, showing assets in his hands to a con*271siderable amount, which were liable to the claims of creditors, and subsequently died without making distribution. Letters of administration de bonis non were…
2Cases cited5 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Mooney v. KennettSupreme Court of Missouri · 1854
- Pitts v. FugateSupreme Court of Missouri · 1867
- State ex rel. Coste v. FultonSupreme Court of Missouri · 1864
- State ex rel. Blanton's Adm'r v. HunterSupreme Court of Missouri · 1852
3Cited by28 opinions
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- City of St. Charles v. StookeyCourt of Appeals for the Eighth Circuit · 1907
- Booker v. ArmstrongSupreme Court of Missouri · 1887
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