Legal Opinion

Hammers v. Sanders

Missouri Court of Appeals

Decided April 4, 1904PublishedCited by 1 opinion

Appeal from. Worth Circuit Court. — Wo». Gallatin Craig, Judge. (1) Appellant must have an appealable interest in tbe subject-matter of tbe suit. If be bas not, bis appeal will be dismissed. Kinealy v. Macklin, 67 Mo. 95. (2) A person is entitled to appeal if be claims that on a proper final settlement there will be funds on band for bim. In re Danfortb Estate, 66 Mo. App. 586. (3) Tbe interest of party appealing must be apparent on tbe record.

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1Opinion of the CourtEllison, J.

This proceeding was begun by plaintiff filing with the probate court of Worth county a claim against the estate of Lizzie J. Horn for $301. The claim was allowed by the probate court and the administrator did not appeal. Thereupon the respondent, Sanders, filed an application for an appeal stating therein that he was interested in the estate and what was his interest. The probate court granted the appeal to the circuit court. In the latter court the plaintiff filed a motion to dismiss the appeal on the ground that Sanders had no appealable interest. The court overruled the motion and…

2Cases cited4 opinions

Estate of Danforth v. GoffeMissouri Court of Appeals · 1896
Arnold v. Estate of BrooksSupreme Court of Vermont · 1863
Murphy v. MurphyMissouri Court of Appeals · 1876
Tillson v. SmallSupreme Judicial Court of Maine · 1888

3Cited by1 opinion

State Ex Rel. Koontz v. WellsMissouri Court of Appeals · 1948