State ex rel. Darland v. Porter
Supreme Court of Missouri
ERROR to Platte. POINTS AND AuTHORITIES. 1. It is not alleged in the declaration that the order of the county court upon Isaac Cotton, the original Adm’r. to pay over the moneys and effects in bis hands to the plaintiff, the Adm’r. de bonis non — was made upon a final settlement of his, the original Administrator’s, accounts. This objection goes to tbe whole declaration.
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ERROR to Platte. POINTS AND AuTHORITIES. 1. It is not alleged in the declaration that the order of the county court upon Isaac Cotton, the original Adm’r. to pay over the moneys and effects in bis hands to the plaintiff, the Adm’r. de bonis non — was made upon a final settlement of his, the original Administrator’s, accounts. This objection goes to tbe whole declaration. Revised statutes, p. 44, § 34. 2. The first breach is insufficient in this, that it is not alleged in that breach, that said Cotton failed, neglected and refused to deliver the said moneys, credits, promissory notes and…
1Opinion of the CourtScott, J.
This was an action of debt, on an administrator’s bond, by an administrator cle bonis non, against tlie former administrator, (whose letters had been revoked,) and bis securities. The declaration contained a single count, in which two breaches were alleged- The first breach ■charged that the former adm’r failed to pay over the money, effects, and credits in his hands, belonging to the estate of the deceased, without specifying to whom he failed to pay. The second breach alleged, that the former adm’r failed to pay ever the moneys, credits and effects in his hands, belonging to the estafe of…
2Cited by6 opinions
- Hall v. PattersonSupreme Court of Florida · 1903
- Neyens v. FlesherIndiana Court of Appeals · 1907
- Green v. TittmanSupreme Court of Missouri · 1894
- Sedgwick v. DawkinsSupreme Court of Florida · 1881
- State ex rel. Welch v. MorrisonSupreme Court of Missouri · 1912
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