State ex rel. Pountain v. Gray
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) The first objection in defendant’s demurrer to the petition of the relators, “that the petition states no-cause of action against defendants,” is without foundation. Wag.
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Appeal from Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) The first objection in defendant’s demurrer to the petition of the relators, “that the petition states no-cause of action against defendants,” is without foundation. Wag. Stat. 1872, p. 118, secs. 6, 8 ; R. S. 1879,. secs. 287, 290; State to use v. Campbell, 10 Mo. 724 Clark v. Henry's Adm’r, 9 Mo. 336; Woodworth v. Woodworth, 70 Mo. 601. (2) The second objection in, defendant’s demurrer to the petition of the relators,, that the administrator de bonis non of Samuel H. Owens was the only person authorized to institute suit…
1Opinion of the CourtBrace, J.
This is an action against the sureties upon the bond of Samuel H. Owens, deceased, who was the administrator of the estate of Charles G. Hickcox, deceased. Defendants’ demurrer to the plaintiff’s petition having been sustained in the circuit court, and judgment rendered thereupon in their favor, the relator brings the case here by writ of error. It is alleged in the jietition in substance, that the relators are husband and wife ; that Charles Gf. Hickcox was indebted to the-relator, Louisa D. Pountain, upon a promissory note-executed by him, bearing ten-per-cent, compound interest ; that said…
2Cases cited10 opinions
- Patterson v. BoothSupreme Court of Missouri · 1890
- State ex rel. Collins v. DulleSupreme Court of Missouri · 1870
- State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
- Garton v. BottsSupreme Court of Missouri · 1880
- Magrew v. FosterSupreme Court of Missouri · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Young v. ByrdSupreme Court of Missouri · 1894
- Nelson v. BarnettSupreme Court of Missouri · 1894
- Young v. Boatmen's National BankSupreme Court of Missouri · 1943
- May v. MaySupreme Court of Missouri · 1905
- Rodewald v. RodewaldSupreme Court of Missouri · 1957
7 more not listed; retrieve them via the Exa API.