Rottmann v. Schmucker
Supreme Court of Missouri
Appeal from SL Louis Qourt of Appeals. The original judgment rendered by the probate court against Schmucker, as surety on the bond of Lange, was in strict accordance with'the statutes and was a valid judgment. R. S., sec. 49 ; Wioltham r>. Page, 49-Mo. 526 ; Brown v. Weatherby, 71 Mo. 152; Morehouse v. Ware, 78 Mo. 100. The answer admits that this was-a judgment regularly obtained.
Read the full summary
Appeal from SL Louis Qourt of Appeals. The original judgment rendered by the probate court against Schmucker, as surety on the bond of Lange, was in strict accordance with'the statutes and was a valid judgment. R. S., sec. 49 ; Wioltham r>. Page, 49-Mo. 526 ; Brown v. Weatherby, 71 Mo. 152; Morehouse v. Ware, 78 Mo. 100. The answer admits that this was-a judgment regularly obtained. The cause was triable by a jury: R. S., sec. 3600. A court trying issues of fact sits as a jury and gives a general verdict. Wie~ landy r. Lemuel, 47 Mo. 322. The finding of facts by a court is regarded as a…
1Opinion of the CourtBrace, J.
The question in this case arises upon plaintiff’s demurrer to the defence set up in the answer.
The petition alleges that, in 1873, John H. Langewas appointed administrator of the estate of H. II. Bohlmann, deceased, by the probate court of the city of St. Louis, and gave bond as such in the sum of five thousand dollars, with defendant, Bernard Schmucker, as his security. Lange’s letters were revoked in 1878, and the plaintiff, Rottmann, was appointed administrator, de tonis non, who, thereafter, instituted proceedings and recovered judgment in said probate court against defendant, Schmucker,…
2Cases cited6 opinions
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
- McCabe v. LewisSupreme Court of Missouri · 1882
- Camden v. PlainSupreme Court of Missouri · 1886
- State ex rel. Thomas v. Treasurer of Callaway CountySupreme Court of Missouri · 1869
- Bartling v. JamisonSupreme Court of Missouri · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ewart v. PenistonSupreme Court of Missouri · 1911
- Pirtle v. CookSupreme Court of Missouri · 1997
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- In Re Estate of SheldonSupreme Court of Missouri · 1945
- Scott v. SmithSupreme Court of Missouri · 1896
17 more not listed; retrieve them via the Exa API.