Legal Opinion

King v. Estate of Stotts

Supreme Court of Missouri

Decided January 3, 1914PublishedCited by 4 opinions

Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. (1) The allowance of the demand was rendition of a judgment against the estate. With the expiration of the term the judgment became final and conclusive. (2) It was no longer open to attack except in a court of equity under the ancient equity jurisdiction for fraud. Fitzpatrick v. Stevens, 114 Mo.

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Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. (1) The allowance of the demand was rendition of a judgment against the estate. With the expiration of the term the judgment became final and conclusive. (2) It was no longer open to attack except in a court of equity under the ancient equity jurisdiction for fraud. Fitzpatrick v. Stevens, 114 Mo. App. 497. Or under conditions, and by parties, and in the time and manner prescribed by the statute and not prohibited by the Constitution, in the probate court. Fitzpatrick v. Stevens, 114 Mo. App. 497; Williams v. Gerber, 75 Mo.…

1Opinion of the CourtGrEAYES, J.

This action originated in the probate court of Lawrence county, December 3, 1906, by the filing of the following unitemized claim against the estate of Mary J. Stotts, deceased :■«

ORIGINAL DEMAND.

The estate of Mary J. Stotts, deceased, to C. R. King, debtor.

April 28, 1907, to May 26, 1907, 9 visits from

*203Crane, Mo., from residence to Stotts City, Mo., 331-3-miles; detained in attendance 21 days visits and detaining........................................ 350.00

March 17, 1908, to June 9, visits 196........'............ 197.50

Total amount ....................................$547.50

This demand was…

2Cases cited2 opinions

  1. Weil v. SimmonsSupreme Court of Missouri · 1877
  2. Dingle v. PollickMissouri Court of Appeals · 1892

3Cited by4 opinions

  1. Primeau v. PrimeauSupreme Court of Missouri · 1927
  2. Lankford v. ArnoldMissouri Court of Appeals · 1931
  3. Littlefield v. LittlefieldSupreme Court of Missouri · 1917
  4. State Ex Rel. Bostian v. RidgeSupreme Court of Missouri · 1945

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