Posthlewaite v. Ghiselin
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cotort. This is a suit to enjpin the enforcement of a demand allowed and classified in the probate court. The facts disclosed by the petition (so far as need be recited for,the purposes of the decision) are as follows : An action was brought, in 1863, in the St. Louis circuit court by Robt. Ober and others against John B. Carson to recover the price of thirty-four bales of cotton alleged to have been sold and delivered to Carson.
Read the full summary
Appeal from St. Louis City Circuit Cotort. This is a suit to enjpin the enforcement of a demand allowed and classified in the probate court. The facts disclosed by the petition (so far as need be recited for,the purposes of the decision) are as follows : An action was brought, in 1863, in the St. Louis circuit court by Robt. Ober and others against John B. Carson to recover the price of thirty-four bales of cotton alleged to have been sold and delivered to Carson. The action was pending and undetermined when Carson died. His death was suggested at the October term, 1866. No steps were taken…
1Opinion of the CourtBarclay, J.
I. The principal question here presented is whether the lapse of three court terms, after the suggestion of defendant Carson’s death, deprived the circuit court of jurisdiction to proceed further with the cause, in view of the subsequent appearance of the executor to the merits of the action.
The cause of action in the original case was an ordinary one upon contract ¡for the purchase and sale of cotton. It was such as by ,its nature survived against the executor under our laws. R. S., 1879, secs. 96, 97. Had there been no action pending when Carson died, it would have been clearly within the…
2Cases cited5 opinions
- Coleman v. McAnultySupreme Court of Missouri · 1852
- Rutherford v. Williams' Legal RepresentativesSupreme Court of Missouri · 1876
- Mosman v. BenderSupreme Court of Missouri · 1883
- Fine v. GraySupreme Court of Missouri · 1853
- Tippack v. BriantSupreme Court of Missouri · 1876
3Cited by15 opinions
- Dowdy v. WambleSupreme Court of Missouri · 1892
- State ex rel. Union Depot Railroad v. Southern Railway Co.Supreme Court of Missouri · 1889
- Hadley v. BerneroMissouri Court of Appeals · 1903
- State ex rel. Scott v. SmithSupreme Court of Missouri · 1891
- State ex rel. Hyatt v. SmithSupreme Court of Missouri · 1891
10 more not listed; retrieve them via the Exa API.