Potter v. Todd
Supreme Court of Missouri
Error to Morgan Circuit Court. — Hon. Geo. W. Miller, Judge. Section 50 of the guardian act had the same effect as though the section of the administration law, inTegard to appeals, as it then stood, had been inserted in full, instead of enacting it by reference thereto. It was the mode of taking appeals under both laws, just as if the provision had been copied into both.
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Error to Morgan Circuit Court. — Hon. Geo. W. Miller, Judge. Section 50 of the guardian act had the same effect as though the section of the administration law, inTegard to appeals, as it then stood, had been inserted in full, instead of enacting it by reference thereto. It was the mode of taking appeals under both laws, just as if the provision had been copied into both. If the amendment of 1875 had been intended to cliange the law in respect to guardians and curators, two lines would have effected that intention — thus: “This amendment shall also apply to guardians and curators.” Repeals by…
1Opinion of the CourtNorton, J.
This is a proceeding by mandamus instituted in the circuit court of Morgan county, to compel the defendant, J. 0. Todd, judge of the probate court of said county, to grant an appeal from the final settlement of plaintiff, as curator of the estate of Helen R. Harte and other minor' heirs of Rose M. Harte, deceased, and to certify the same up to the circuit court. Defendant, in his return to the writ, admits that plaintiff filed his affidavit for appeal, but denies that he did anything to perfect the appeal or complied with the law so as to entitle him to an appeal; and alleges that plaintiff"…
2Cited by6 opinions
- State Ex Rel. John v. MorrisTexas Supreme Court · 1893
- State ex rel. Phelan v. EngelmannSupreme Court of Missouri · 1885
- State ex rel. Spickerman v. AllenSupreme Court of Missouri · 1887
- State ex rel. Knisely v. JonesSupreme Court of Missouri · 1918
- Fong, Auditor v. Sapienza, JudgeHawaii Supreme Court · 1951
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