Cones v. Ward
Supreme Court of Missouri
Appeal from Third District Court. Samuel Cones brought suit in the Circuit Court of Barton county against the administrator of the estate of George E. Ward, deceased, the predecessor of the present administrator, for work and labor done and materials furnished to decedent in his lifetime. The petition is in the usual form. Service was had upon the administratrix, and she appeared and demurred to the petition,' assigning as ground that the court had no jurisdiction.
Read the full summary
Appeal from Third District Court. Samuel Cones brought suit in the Circuit Court of Barton county against the administrator of the estate of George E. Ward, deceased, the predecessor of the present administrator, for work and labor done and materials furnished to decedent in his lifetime. The petition is in the usual form. Service was had upon the administratrix, and she appeared and demurred to the petition,' assigning as ground that the court had no jurisdiction. The court held that it had no'jurisdiction, and entered judgment on the demurrer in favor of the defendant, and dismissed the…
1Opinion of the CourtBuss, Judge
This suit was instituted in the Barton County Circuit Court, and defendant demurred for want of jurisdiction. The demurrer was sustained, and judgment was rendered for defendant, which was affirmed in the District Court.
Barton is among the counties enumerated in the act of March 19, 1866 (Sess. Acts 1865-6, pp. 83-8), in which Probate Courts were created to which, by section 6, “ exclusive jurisdiction” was given “to hear and determine all suits and other proceedings instituted against executors and administrators, upon any demand against the estate of their testator or intestate.” No…
2Cited by10 opinions
- State ex rel. Holmes v. DillonSupreme Court of Missouri · 1886
- Hammons v. RenfrowSupreme Court of Missouri · 1884
- Pearce v. CalhounSupreme Court of Missouri · 1875
- Ensworth v. CurdSupreme Court of Missouri · 1878
- Groves v. AegerterMissouri Court of Appeals · 1931
5 more not listed; retrieve them via the Exa API.