Dingle v. Pollick
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. ' (1) Plaintiff’s bill contains no equities, and does not state facts sufficient. It neither charges fraud, accident nor mistake. Fraud and collusion must be alleged and proven. Smith v. Sims, 77 Mo. 269; Feed v. Bott, 100 Mo. 62; Murphy v. BeFrance, 101 Mo. 151. (2) . Plaintiff’s remedy was at law. If defendants’ claim was improperly allowed the statute gave the remedy. He had ' four months to. question it.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. ' (1) Plaintiff’s bill contains no equities, and does not state facts sufficient. It neither charges fraud, accident nor mistake. Fraud and collusion must be alleged and proven. Smith v. Sims, 77 Mo. 269; Feed v. Bott, 100 Mo. 62; Murphy v. BeFrance, 101 Mo. 151. (2) . Plaintiff’s remedy was at law. If defendants’ claim was improperly allowed the statute gave the remedy. He had ' four months to. question it. R. S. 1889, sec. 213; R. 8. 1879, sec. 216. (3) Was defendants’ claim improperly allowed? Was it barred by two years’…
1Opinion of the CourtGill, J.
This is a suit in equity to set aside and hold for naught an alleged judgment of allowance in favor of defendants against the estate of John C. •Dingle, deceased, of which plaintiff is the administrator. On a hearing before the circuit court, a decree was entered for the plaintiff, and defendants have appealed.
The record discloses the following state of facts: •On October 4, 1887, letters of administration were *483issued to the plaintiff, and notice thereof was given within thirty days. Defendants held a promissory note against the estate, and in December, 1887, presented the same to the…
2Cases cited6 opinions
- Stewart v. CaldwellSupreme Court of Missouri · 1874
- Murphy v. De FranceSupreme Court of Missouri · 1890
- Clyce v. AndersonSupreme Court of Missouri · 1871
- Smith v. SimsSupreme Court of Missouri · 1883
- Houts v. ShepherdSupreme Court of Missouri · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- King v. Estate of StottsSupreme Court of Missouri · 1914
- Martin v. LaMasterMissouri Court of Appeals · 1895
- Bolz Cooperage Corp. v. BeardsleeMissouri Court of Appeals · 1922
- Estate of McLaughlin, Superior Court of California, County of San Francisco1887