State ex rel. Hamilton v. Guinotte
Supreme Court of Missouri
Certiorari. Tbe duties of an administrator pending suit, commence from tbe date of tbe order of appointment and if tbe decree in tbe action is appealed from, do not cease until tbe appeal bas been disposed of. Tbe appeal operates as an extension of tbe suit. Taylor v. Taylor, ,6 Probate Division, 29; Dunbam v. Dunbam, 16 Gray 577; 'Werner’s Am. Law of Administrations (2 Ed.), sec. 181; Estate of James Eobinson, 12 Pliila.
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Certiorari. Tbe duties of an administrator pending suit, commence from tbe date of tbe order of appointment and if tbe decree in tbe action is appealed from, do not cease until tbe appeal bas been disposed of. Tbe appeal operates as an extension of tbe suit. Taylor v. Taylor, ,6 Probate Division, 29; Dunbam v. Dunbam, 16 Gray 577; 'Werner’s Am. Law of Administrations (2 Ed.), sec. 181; Estate of James Eobinson, 12 Pliila. (Pa.) 14. Tbe appeal transfers tbe cause to tbe Supreme Court and it'is still as much pending as before judgment in tbe circuit court. After an appeal is taken in a case tbe…
1Opinion of the CourtSherwood, J.
The will of Thomas G. Hall was admitted to probate in the probate court of Jackson county, and letters testamentary without requirement of bond issued to his daughter and executrix, Maggie MeOune. These things being done, relator brought suit in the circuit court of Jackson county to contest the will. A change of venue transferred this cause to the Cass Circuit Court. Pending this suit, the probate court appointed an administrator pendente lite of Hall’s estate, and ordered the executrix to turn over the estate to him, which was done. The will contest in Cass county resulted in establishing…
2Cases cited43 opinions
- Bank of North America v. WheelerSupreme Court of Connecticut · 1859
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
- People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
- State ex rel. Garth v. SwitzlerSupreme Court of Missouri · 1898
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3Cited by48 opinions
- Pérez Segovia v. Tribunal de Distrito de San JuanSupreme Court of Puerto Rico · 1948
- Conners v. City of KnoxvilleTennessee Supreme Court · 1916
- State Ex Inf. McKittrick v. WymoreSupreme Court of Missouri · 1938
- Winn v. GrierSupreme Court of Missouri · 1909
- Knapp v. St. Louis Trust Co.Supreme Court of Missouri · 1906
43 more not listed; retrieve them via the Exa API.