Legal Opinion

Harney v. Scott

Supreme Court of Missouri

Decided March 15, 1859PublishedCited by 3 opinions

Appeal from St. Louis Court of Common Pleas. This was an action to recover the hire of a certain slave alleged to have been hired by the plaintiff to defendant, and the value of certain other slaves alleged to have been wrongfully taken and converted by the defendant. Harney, the plaintiff, was appointed administrator de bonis non of the estate of Milton Duty, deceased. The slaves in controversy belonged to said estate.

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Appeal from St. Louis Court of Common Pleas. This was an action to recover the hire of a certain slave alleged to have been hired by the plaintiff to defendant, and the value of certain other slaves alleged to have been wrongfully taken and converted by the defendant. Harney, the plaintiff, was appointed administrator de bonis non of the estate of Milton Duty, deceased. The slaves in controversy belonged to said estate. Harney, while such administrator, hired one of said slaves to the firm of Scott & Whitelaw, of which defendant Scott was a member. A will being after-wards produced and…

1Opinion of the CourtEichaRDSON, Judge

The only question in this case is whether the appeal, taken by the plaintiff, from the order of the probate court revoking *335his letters of administration, suspended the effect of the order. The point was decided in Mullanphy v. County Court of St. Louis County, 6 Mo. 563, and is decisive of this case.

Judge Napton concurring, the judgment will be affirmed.

2Cases cited1 opinion

  1. Mullanphy v. St. Louis County CourtSupreme Court of Missouri · 1840

3Cited by3 opinions

  1. State ex rel. Grover v. FowlerSupreme Court of Missouri · 1891
  2. In re the Estate of McCuneSupreme Court of Missouri · 1882
  3. Cuendet v. HendersonSupreme Court of Missouri · 1902

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