Tittman v. Thornton
Supreme Court of Missouri
Appeal from, Si. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Suit should have been revived in name of John, not of Michael, Carroll’s administrator. Cases cited by plaintiff are of no force because under the old common law, when not as now by the statute, the suit was not required to be in name of real party in interest. The administrator is not the unqualified owner of the assets of the estate.
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Appeal from, Si. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Suit should have been revived in name of John, not of Michael, Carroll’s administrator. Cases cited by plaintiff are of no force because under the old common law, when not as now by the statute, the suit was not required to be in name of real party in interest. The administrator is not the unqualified owner of the assets of the estate. Lessing v. Verlrees, 32 Mo. 436 ; Est. of Ames & Co., 52 Mo. 293; Chandler v. Stevenson, 68 Mo. 450. Title of administrator is a possessory one, revoked by his death, resignation or…
1Opinion of the CourtBlack, J.
This was a suit in equity brought by Michael Carroll against John Thornton and others to subject certain funds in the hands of Archbishop Ken-rick, belonging to Thornton, to the payment of a jndgmen, which Carroll recovered against Thornton in the state of Iowa.
The following are the principal facts: Michael Carroll recovered a judgment against John Thornton in the circuit court of Dubuque county, Iowa, on the sixteenth of June, 1881, for the sum of $4,499. The pleadings in that case show that the cause was carried on in the name of Michael Carroll as if it had been a suit in his own right;…
2Cases cited12 opinions
- Chouteau v. BoughtonSupreme Court of Missouri · 1890
- Lewis v. AdamsCalifornia Supreme Court · 1886
- Fretwell v. LaffoonSupreme Court of Missouri · 1882
- Block v. DormanSupreme Court of Missouri · 1872
- Rittenhouse v. AmmermanSupreme Court of Missouri · 1876
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3Cited by9 opinions
- Cummins v. DixonSupreme Court of Missouri · 1954
- Mahany v. Kansas City Railways Co.Supreme Court of Missouri · 1921
- Turner v. Alton Banking & Trust Co.Court of Appeals for the Eighth Circuit · 1948
- Scotland County National Bank v. HohnMissouri Court of Appeals · 1910
- Parker v. BrittonMissouri Court of Appeals · 1908
4 more not listed; retrieve them via the Exa API.