Milliken v. McBroom
Supreme Court of Missouri
Appeal from Polk Circuit Court.' I. The sheriff (McBroom) collected money on an execution in favor of the administrator of Acock; after the execution was issued the letters of administration to Atkinson and Acock were revoked, and before the money was made the plaintiff as public administrator took charge of the estate, and this entitled him to receive the money. Plaintiff demanded the money and McBroom refused to pay. (R. C. 1855, p. 751, § 67.) II.
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Appeal from Polk Circuit Court.' I. The sheriff (McBroom) collected money on an execution in favor of the administrator of Acock; after the execution was issued the letters of administration to Atkinson and Acock were revoked, and before the money was made the plaintiff as public administrator took charge of the estate, and this entitled him to receive the money. Plaintiff demanded the money and McBroom refused to pay. (R. C. 1855, p. 751, § 67.) II. The receipt of Hardin was neither admissible nor competent to prove payment. Hardin was not the attorney of the plaintiff, and his authority as…
1Opinion of the CourtWagneR, Judge
The appellant in this case who is public administrator of Polk county, having in charge the estate of R. E. Acock, deceased, filed his motion in the Circuit Court against Me-Broom, late sheriff of Polk county, and his securities on his official bond, for the purpose of compelling the payment of certain money together with damages thereon, alleged to have been collected by the sheriff for the use of said estate, and illegally and wrongfully withheld by him. It seems that Atkinson and Acock were originally administrators of the estate, and while acting in this capacity they employed a James F.…
2Cases cited1 opinion
- State ex rel. Bank of Missouri v. HawkinsSupreme Court of Missouri · 1859
3Cited by3 opinions
- Roberts v. NelsonMissouri Court of Appeals · 1886
- Rhinehart v. New Madrid Banking Co.Missouri Court of Appeals · 1903
- Corbin v. GoepperSupreme Court of Georgia · 1937