Murray v. Roberts
Supreme Court of Missouri
Appeal from Clay County Circuit Court,. Tbe appellant filed bis petition in tbe Clay Circuit Court against respondent, as administrator of tbe estate of Robert C. Thompson, deceased.
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Appeal from Clay County Circuit Court,. Tbe appellant filed bis petition in tbe Clay Circuit Court against respondent, as administrator of tbe estate of Robert C. Thompson, deceased. Tbe petitition stated that plaintiff was former-administrator of tbe estate of said Thompson, and as such, in the year 1864, made a final settlement of-said estate, and that on said settlement there was due him the sum of $1,100, and he was credited for that amount; therefore he prays judgment for said sum of money. The respondent filed a demurrer to the petition, which was sustained by the court. The final…
1Opinion of the CourtCurrier, Judge
The final settlement of an administrator of his administration account, with the allowance of a balance in his favor by the Probate Court, has the force of a judgment, and is conclusive upon all parties till reversed or set aside by some proper proceedings. (Caldwell v. Lockridge, 9 Mo. 358; Barton v. Barton, 35 Mo. 158.) The court below held the contrary view, and «sustained a demurrer to the plaintiff’s petition.
The judgment must be reversed and the cause remanded.
The other judges concur.
2Cases cited2 opinions
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
- Barton v. BartonSupreme Court of Missouri · 1864
3Cited by2 opinions
- Wyatt v. WilhiteMissouri Court of Appeals · 1916
- Woodworth v. WoodworthSupreme Court of Missouri · 1879