Rankin v. Perry
Supreme Court of Missouri
There was error m the judgment of the county court, and the circuit court, therefore, did not err in reversing the same, for the following reasons; 1. There was no affidavit or oath made or filed in the •county court, upon the exhibition of demand by Perry, as ■administrator, as required by law. 2. The judgment given against Perry, administrator, is a judgment against him personally, and not in his representative character. 3. The county court had no legal power to render a…
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There was error m the judgment of the county court, and the circuit court, therefore, did not err in reversing the same, for the following reasons; 1. There was no affidavit or oath made or filed in the •county court, upon the exhibition of demand by Perry, as ■administrator, as required by law. 2. The judgment given against Perry, administrator, is a judgment against him personally, and not in his representative character. 3. The county court had no legal power to render a judgment against Perry, administrator, for costs. As to jurisdiction, see Odie v. Clark, 2 Mo. Rep. 12; Jones v. Reed, 1…
1Opinion of the CourtMcGirk, Judge
Perry, as administrator of Ennis, presented a claim against Rankin & Honey, the representatives of Honey, *502deceased, for a demand due to his intestate from the intestate of Rankin* & Honey. On the trial of the cause, the county court gave judgment against Perry. He then took a writ of error from the eircuit court; and when the same was brought there, he assigned for error: 1. That there is no legal judgment in the case. 2. That there is no affidavit filed in the case by the plaintiff, as the law requires. 3. That the proceedings are irregular, &c. The defendants joined in error, and the court…
2Cited by6 opinions
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- McVey v. McVeySupreme Court of Missouri · 1873
- Strouse v. DrennanSupreme Court of Missouri · 1867
- Kinealy v. MacklinSupreme Court of Missouri · 1877
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