Prior v. Kiso
Supreme Court of Missouri
Error to Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The lower court should have sustained motion of plaintiff in error, that the .mistake as to the revival of the cause against Hannah Kiso as executrix be corrected, and that she, as administratrix of John C. Kiso, be substituted as a party, and that the cause be revived against her as said administratrix.
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Error to Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The lower court should have sustained motion of plaintiff in error, that the .mistake as to the revival of the cause against Hannah Kiso as executrix be corrected, and that she, as administratrix of John C. Kiso, be substituted as a party, and that the cause be revived against her as said administratrix. Williams v. Englebrecht, 38 Ohio St. 97;, Black v. Hill, 29 Ohio St. 88; 2 Tidd’s Pra'c. 1163 ; R. S. secs. 3766, 3767. Plaintiff's motion to substitute Hannah Kiso as administratrix, in iieu of her as executrix, was in the nature…
1Opinion of the CourtSherwood, J.
This case has been here before. Its first appearance is recorded in 81 Mo. 241. There were several defendants then ; there is but one now. John C. Kiso was one of them. Judgment went in their favor in *3061879, and the plaintiff brought up the case on writ of error in 1880. While it was pending in this court, and on January 12, 1881, John C. Kiso died, and his death was suggested at the October term of that year, and at the same term the cause was attempted to be revived as to him, by entering, by consent, the appearance of his alleged executrix, Hannah C. Kiso. At that time the cause had not…
2Cases cited3 opinions
- Prior v. KisoSupreme Court of Missouri · 1883
- Rutherford v. Williams' Legal RepresentativesSupreme Court of Missouri · 1876
- Farrell's Administrator v. Brennan's AdministratrixSupreme Court of Missouri · 1857
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