Clark v. Collins
Supreme Court of Missouri
Appeal from Franklin Circuit Court. The following is the first instruction referred to by the court: “ To entitle the defendant to avail himself of the statute of limitations in this case, it must be shown that the administrator published a notice oí his letters of administration, as required by law, in some newspaper in this state; that if no notice was ever published in any newspaper in this state to the effect that letters of administration had been granted to the…
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Appeal from Franklin Circuit Court. The following is the first instruction referred to by the court: “ To entitle the defendant to avail himself of the statute of limitations in this case, it must be shown that the administrator published a notice oí his letters of administration, as required by law, in some newspaper in this state; that if no notice was ever published in any newspaper in this state to the effect that letters of administration had been granted to the administrator on said estate of Collins as required by law, then the plea of the statute barring claims can not be sustained;…
1Opinion of the CourtEwing, Judge
The plaintiff Clark, who is administrator of Collins’ estate, presented his claim against the estate for allowance in the county court, and in connection therewith a motion to amend the inventory filed by him as such administrator. There was a judgment for the defendant, from which Clark appealed to the circuit court, where judgment going against him again, he brings the cause here by appeal.
The account filed was for four hundred dollars, which Clark alleges were sent to him from California in 1852 by his son, per Collins ; and the evidence tended to prove that the money was sent as charged,…
2Cited by4 opinions
- Stiles v. SmithSupreme Court of Missouri · 1874
- Munday v. LeeperSupreme Court of Missouri · 1894
- Hart v. WoodMissouri Court of Appeals · 1965
- Alexander v. Estate of WyattMissouri Court of Appeals · 1950