Legal Opinion

State ex rel. Thompson v. Nortoni

Supreme Court of Missouri

Decided January 17, 1917PublishedCited by 7 opinions

Certiorari. (1) The St. Louis Court of Appeals’ action and decision, in so attempting to control and direct relators’ judicial acts and discretion, is outside of, and beyond its jurisdiction, and in 'direct conflict with not only tbe last two controlling decisions of. the Supreme Court, to-wit; State ex rel. v. Holtcamp, 185 S. ~W. 204, and State ex rel. v. Wurdeman, 187 S. W. 259, but also four others of a more remote date, to-wit; State ex rel. v. St. Louis Court of…

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Certiorari. (1) The St. Louis Court of Appeals’ action and decision, in so attempting to control and direct relators’ judicial acts and discretion, is outside of, and beyond its jurisdiction, and in 'direct conflict with not only tbe last two controlling decisions of. the Supreme Court, to-wit; State ex rel. v. Holtcamp, 185 S. ~W. 204, and State ex rel. v. Wurdeman, 187 S. W. 259, but also four others of a more remote date, to-wit; State ex rel. v. St. Louis Court of Appeals, 87 Mo. 376; State ex rel. v. McGowan, 89 Mo. 157; State ex rel. v. Allen, 92 Mo. 24; State ex rel. v. Broaddus, 207…

1Opinion of the CourtGraves, C. J.

Certiorari to the St. Louis Court of Appeals. The pertinent facts are few and simple. Charles B. Scanland died in Pike County, Missouri, May 31, 1916. Shortly thereafter the widow Anna Estella, applied for letters of administration upon the estate. *567Relator herein was and is the probate judge of Pike County. Objections were interposed as to the appointment of the widow as administratrix. In the course of the investigation it appeared from the evidence that there was an ante-nuptual agreement between the deceased, and the widow. The probate court refused to appoint the widow as administratrix,…

2Cases cited2 opinions

  1. State ex rel. Grover v. FowlerSupreme Court of Missouri · 1891
  2. State ex rel. Abercrombie v. HoltcampSupreme Court of Missouri · 1916

3Cited by7 opinions

  1. Estate of SeabaughMissouri Court of Appeals · 1983
  2. State Ex Rel. Gregory v. HendersonMissouri Court of Appeals · 1935
  3. State Ex Rel. Howe v. HughesSupreme Court of Missouri · 1938
  4. State Ex Rel. Fansher v. GuinotteMissouri Court of Appeals · 1933
  5. State Ex Rel. Wilson v. MartinMissouri Court of Appeals · 1930

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