Strother v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. D. E. Bird, Judge. (1) It is our contention that under no circumstances can an administrator be required to give security for costs in actions instituted by him as administrator. Blondeau v. Sheridan, 81 Mo. 556; Ross, Admr., v. Alliman, 60 Mo. 269; State to the Use of Hunter, Admr., v. Maulsby, 53 Mo. 500; Ranney, Admr., v. Thomas,.45 Mo. Ill; Laughlin et al. v. McDonald, 1 Mo. 684; White v. McFarland, 148 Mo.
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Appeal from Jackson Circuit Court. — Hon. D. E. Bird, Judge. (1) It is our contention that under no circumstances can an administrator be required to give security for costs in actions instituted by him as administrator. Blondeau v. Sheridan, 81 Mo. 556; Ross, Admr., v. Alliman, 60 Mo. 269; State to the Use of Hunter, Admr., v. Maulsby, 53 Mo. 500; Ranney, Admr., v. Thomas,.45 Mo. Ill; Laughlin et al. v. McDonald, 1 Mo. 684; White v. McFarland, 148 Mo. App. 347; Podmore v. South Brooklyn Inst., 57 N. Y. Supp. 406; Pfeifer v. Supreme Lodge, 66 N. Y. Supp. 605. (2) The law requires the public…
1Opinion of the CourtJohnson, J.
The petition alleges that plaintiff is the public administrator of Jackson county, that he was duly appointed and qualified as administrator of the estate of John Manternach; that at the time of his death Manternach was more than twenty-one years old and left surviving him no widow, minor child or children, either natural born or adopted, and no father or mother, and that his death was caused by negligence of defendants in the operation of a train. The action is founded on section 5425, Eevised Statutes 1909, and the prayer of the petition is for the recovery of $2000, together with costs.
The…
2Cases cited13 opinions
- Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
- Coover v. Moore & WalkerSupreme Court of Missouri · 1862
- McNamara v. SlavensSupreme Court of Missouri · 1882
- Packard v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1904
- Kennedy v. BurrierSupreme Court of Missouri · 1865
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