State ex rel. Jacobs v. Elliott
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Joseph, D. Perhins, Judge. (1) Tbe annual settlements are only prima facie evidence of their correctness and the same rule applies to the surrender settlement of the executrix, and are not binding or conclusive evidence that Fountain had the money on hand at that time, and the sureties may show anything contrary to the settlement, and a final settlement is only prima facie evidence as to sureties.
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Appeal from Jasper Circuit Court. — Hon. Joseph, D. Perhins, Judge. (1) Tbe annual settlements are only prima facie evidence of their correctness and the same rule applies to the surrender settlement of the executrix, and are not binding or conclusive evidence that Fountain had the money on hand at that time, and the sureties may show anything contrary to the settlement, and a final settlement is only prima facie evidence as to sureties. State to use v. Jones, 89 Mo. 473; Fevev v. McGowan, 68 Mo. App. 612; State to use v. Martin, 18 Mo. App. 468; State to use v. Grace, 26 Mo. 87; Cohen v.…
1Opinion of the CourtMarshall, J.
This is a suit by Jacobs, curator of the estate of Guy L. and Maud Y. Wade, on the official bond of Isaac Fountain, deceased, as public administrator of Jasper county, which bond was approved December 20, 1888. Isaac Fountain was elected public administrator in 1880, and duly qualified with sureties other than the defendants herein. He was re-elected as such administrator, in 1884, and duly qualified, likewise with other sureties. On February 13, 1888, he was ordered by the probate court to take charge of the estate of the said minors and did so. On April 23, 1888, as such curator he…
2Cases cited4 opinions
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1899
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1896
- State ex rel. Smith v. Paul'sSupreme Court of Missouri · 1855
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1895
3Cited by12 opinions
- Henry County v. SalmonSupreme Court of Missouri · 1907
- Switzer v. SwitzerSupreme Court of Missouri · 1906
- St. Paul Fire & Marine Ins. v. Tire Clearing House, Inc.Court of Appeals for the Eighth Circuit · 1932
- State ex rel. Short v. HardyMissouri Court of Appeals · 1918
- In Re Keisker's EstateSupreme Court of Missouri · 1943
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