Wooldridge v. Draper
Supreme Court of Missouri
APPEAL from Johnson Circuit Court. STATEMENT OF THE CASE. Appellant, administrator of Rachel McDonald, commenced a civil action in the Johnson circuit court against Isaac McDonald, since deceased, the object of which was to recover the worth of two negro slaves and their hire from the first of December, 1847. The petition alleges that said decedent,Rachel McDonald, died seized and possessed as of her own property of the said two slaves, and that Isaac McDonald, after the…
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APPEAL from Johnson Circuit Court. STATEMENT OF THE CASE. Appellant, administrator of Rachel McDonald, commenced a civil action in the Johnson circuit court against Isaac McDonald, since deceased, the object of which was to recover the worth of two negro slaves and their hire from the first of December, 1847. The petition alleges that said decedent,Rachel McDonald, died seized and possessed as of her own property of the said two slaves, and that Isaac McDonald, after the death of said Rachel, converted the said slaves to his own use. McDonald filed an answer to said petition, denying all the…
1Opinion of the CourtRvland, J.
The question as to the liability of the administrator, Wooldridge, for the costs of the suit below, is the only one for the consideration of this court. The general rule of law upon this subject is, that where the cause of action accrued to the testator or intestate in his lifetime, there the executor or administrator suing and failing to recover, is not liable for costs de bonis propriis; the judgment for costs will be de bonis iestatoris. In suits brought by an executor or administrator upon contracts made with the testator or intestate in his lifetime, the same rule prevails.
But where the…
2Cases cited2 opinions
- Frogg's Ex'rs v. Long's Adm'rCourt of Appeals of Kentucky · 1835
- Hughes' Adm'r & Heirs v. Standeford's AdministratorsCourt of Appeals of Kentucky · 1835
3Cited by4 opinions
- Ross v. AllemanSupreme Court of Missouri · 1875
- Lewis v. McCabeMissouri Court of Appeals · 1885
- Strother v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1915
- Wolf v. Sun InsuranceMissouri Court of Appeals · 1898