Brooks v. Duckworth
Supreme Court of Missouri
Error to Dent Circuit Court. I. A judgment or order of allowance of a demand against an estate, where there has been no notice to the administrator, and where notice has not been waived in open court, may be set aside at any time. (Bryan vs. Mundy, 14 Mo., 458.) II. Both the Probate and the Circuit Courts erred in permitting parol testimony to prove the action of the County Court when said demand was allowed ; the action of the court can be proved only by its records.
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Error to Dent Circuit Court. I. A judgment or order of allowance of a demand against an estate, where there has been no notice to the administrator, and where notice has not been waived in open court, may be set aside at any time. (Bryan vs. Mundy, 14 Mo., 458.) II. Both the Probate and the Circuit Courts erred in permitting parol testimony to prove the action of the County Court when said demand was allowed ; the action of the court can be proved only by its records. (Milan vs. Pemberton, 12 Mo., 598.) III. An entry nunc pro tune can be made only by the court that tried the cause, or acted…
1Opinion of the CourtSherwood, Judge
In 1866 the plaintiff, Brooks, had a claim probated in the County Court of Dent County, against the estate of S. Dougherty, deceased. Six years thereafter the administrator de bonis non tiled his motion in the Probate Court of that county, (probate jurisdiction having been transferred from the County Court to that court) to set aside the judgment of allowance, on the grouuds that it had been rendered without any notice to the administrator and without his waiving notice, *50and that the record of the allowance of the claim did not recite that any notice was given. Pending the consideration of…
2Cases cited3 opinions
- Ellis v. JonesSupreme Court of Missouri · 1873
- Long v. BurnettSupreme Court of Iowa · 1862
- Small v. HempsteadSupreme Court of Missouri · 1842
3Cited by2 opinions
- Williams v. MitchellSupreme Court of Missouri · 1892
- Vosler v. BrockSupreme Court of Missouri · 1884