Legal Opinion

Knapp v. Knapp

Missouri Court of Appeals

Decided April 10, 1906PublishedCited by 8 opinions

Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The general rule of law applicable to the last proposition is clearly stated in 14 Am. and Eng. Ency. of Law (2 Ed.), page 273, et seq. And this has been the rule in Missouri (as.announced not only by the Supreme Court, but by both Court of Appeals), almost since Missouri became a State.

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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The general rule of law applicable to the last proposition is clearly stated in 14 Am. and Eng. Ency. of Law (2 Ed.), page 273, et seq. And this has been the rule in Missouri (as.announced not only by the Supreme Court, but by both Court of Appeals), almost since Missouri became a State. Brown, Adm., v. Finley, 18 Mo. 378. In this case it was pointed out that this rule obtained everywhere, except in States having peculiar statutes on the subject, and it was expressly held that an administrator could not recover…

1Opinion of the Court

BLAND, P. J. —

Omitting caption, the petition is as follows:

“Plaintiff states that Ralph H. Pybus Knapp, deceased, late of the city of St. Louis, State of Missouri, departed this life on or about the twentieth day of January, 1904, leaving hijn surviving, as his widow, the plaintiff herein; that thereafter, to-wit, on the eighteenth day of April, 1904, the plaintiff was, by the probate court in and for the city and State aforesaid, duly appointed administratrix of the estate of the said Ralph H. Pybus Knapp, deceased; that, under which appointment, she *689was duly qualified, and is now in charge…

2Cases cited9 opinions

  1. Kaufmann v. SchillingSupreme Court of Missouri · 1874
  2. Sidekum v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
  3. Thomas v. ThomasSupreme Court of Missouri · 1891
  4. Brown's Administrator v. FinleySupreme Court of Missouri · 1853
  5. Potter v. Mt. Vernon Roller Mill Co.Missouri Court of Appeals · 1903

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Suits v. Electric Park Amusement Co.Missouri Court of Appeals · 1923
  2. Byrd v. HaulCourt of Appeals for the Eighth Circuit · 1912
  3. Watts v. GibsonCourt of Appeals of Texas · 1930
  4. Stults, Rec. v. Gordon, Admr.Indiana Court of Appeals · 1929
  5. Kula v. Karat, Inc.Nevada Supreme Court · 1975

3 more not listed; retrieve them via the Exa API.

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