Vosler v. Brock
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. N. M. G-ivan, Judge. (1) The constable had no power out of the county in Which he was elected and resided to serve notice on the executors. And, further, to render such service good, when made by an officer Qualified to make it, each of the executors should have been served with a copy. There was no affidavit of the service.
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Appeal from Cass Circuit Court. — Hon. N. M. G-ivan, Judge. (1) The constable had no power out of the county in Which he was elected and resided to serve notice on the executors. And, further, to render such service good, when made by an officer Qualified to make it, each of the executors should have been served with a copy. There was no affidavit of the service. R. S., sections 199, 654, and 2843. (2) Even if the executors had been legally notified of the presentation of the demand, they were notified to appear at Pleasant Hill, and not at Harrisonville, where said claim was allowed. Laws of…
1Opinion of the Court
DeAbmowd, C. —
Davis andYosler, having obtained, the allowance-of a demand against the estate of John Brock, deceased, then, in 1871, in the hands of John C. Brock and S. E. Brock, executors of said deceased, in 1877 petitioned the probate court of Cass county, having' charge of said estate, for an order for the sale of certain real estate of the deceased to pay their allowed demand. After many continuances and delays the order of sale-was made, and defendant, John C. Brock, as the only acting executor, said S. E. Brock having long before removed from the state and acquired a residence in…
2Cases cited2 opinions
- State ex rel. Rucker v. RuckerSupreme Court of Missouri · 1875
- Brooks v. DuckworthSupreme Court of Missouri · 1875