State ex rel. Napton v. Hunt
Missouri Court of Appeals
Appeal from the St. Louis Qity Circuit Court. — Hon. Daniel D. Eisher, Judge. (1) The petition does not state a cause of action against Mary C. Hunt, as devisee of Charles L. Hunt, because on its face the cause of action, if any, arose in 1884, and Charles L. Hunt died in 1885, thus stating a claim that could have been presented for allowance against his estate in the probate court, and no reason is given for the failure of the plaintiff to so present it for allowance.
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Appeal from the St. Louis Qity Circuit Court. — Hon. Daniel D. Eisher, Judge. (1) The petition does not state a cause of action against Mary C. Hunt, as devisee of Charles L. Hunt, because on its face the cause of action, if any, arose in 1884, and Charles L. Hunt died in 1885, thus stating a claim that could have been presented for allowance against his estate in the probate court, and no reason is given for the failure of the plaintiff to so present it for allowance. R. S. 1879, secs. 185, 192; R. S. 1889, secs. 184,191. Citations under point 5. (2) The court did not obtain jurisdiction of…
1Opinion of the CourtRombauer, P. J.
The plaintiff’s petition states that Eugene Papin made a voluntary deed of assignment in June, 1879, to B. R. Davenport for the benefit of his *619creditors, and that, on the fourth day of said month, the said Davenport qualified under the statute governing general assignments for the benefit of creditors, then in force, and gave bond, executed by Theodore Hunt and Charles L. Hunt as his sureties. The petition sets out a copy of the said bond, and alleges that said Davenport did not in all things discharge his duties as such assignee, and did not faithfully discharge the trust confided to him,…
2Cases cited7 opinions
- Gamble v. GibsonSupreme Court of Missouri · 1875
- State ex rel. Millett v. FieldMissouri Court of Appeals · 1889
- Stahl v. MitchellSupreme Court of Minnesota · 1889
- Hartzler v. TootleSupreme Court of Missouri · 1884
- Pinneo v. HartSupreme Court of Missouri · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Haase v. Nelson Distilling Co.Missouri Court of Appeals · 1895
- In Re Boyer's Guardianship. Rittenour v. HessIndiana Court of Appeals · 1931
- Universal Lock & Stopper Co. v. Blake & JohnsonMissouri Court of Appeals · 1900