Hyde v. Honiter
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Hon. G. D. Steivart, Judge. (1) Waiver of notice of presentation of demand was void; was not signed by tbe administrator, was waived by tin attorney, therefore conferred no jurisdiction on the probate court, consequently the circuit court did not acquire jurisdiction, for winch, reason cause should be dismissed. Taylor v. George, 159 Mo.
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Appeal from Scotland Circuit Court. — Hon. G. D. Steivart, Judge. (1) Waiver of notice of presentation of demand was void; was not signed by tbe administrator, was waived by tin attorney, therefore conferred no jurisdiction on the probate court, consequently the circuit court did not acquire jurisdiction, for winch, reason cause should be dismissed. Taylor v. George, 159 Mo. App. 160; R. S. 1909; secs. 203, 204, 205; 1761. (2) Judgment of the circuit court is irregular and fatally erroneous, in this: Personal judgment is rendered against the defendant, Parlia Honiter, and execution is ordered…
1Opinion of the CourtAllen, J.
This action was begun in the probate court of Scotland county by plaintiff, respondent here, exhibiting the following demand against the estate of Sarah A. Collins, deceased, to-wit:
*587“To services rendered in caring for and nursing Sarah A. Collins during her lifetime beginning on April 1,1901, and continuing for a period of four years to April 1, 1905, at two dollars per week, including, etc........................ $ 416.00
“To services same as above from April 1, 1905, to April 24, 1910, at three dollars per week........................... 789.00
$1205'.00”
A written waiver of services of notice…
2Cases cited16 opinions
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1905
- Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
- Cole v. FitzgeraldMissouri Court of Appeals · 1908
- Watkins v. Trustees of the Richmond CollegeSupreme Court of Missouri · 1867
- Kingston v. RobertsMissouri Court of Appeals · 1913
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Vosburg v. SmithMissouri Court of Appeals · 1954
- Buchweiser v. Estate of LabererSupreme Court of Missouri · 1985
- Wells v. GoffSupreme Court of Missouri · 1951
- In Re Pierson's EstateMichigan Supreme Court · 1937
- Embry v. Estate of MartzSupreme Court of Missouri · 1964
20 more not listed; retrieve them via the Exa API.