Wernse v. McPike
Supreme Court of Missouri
Appeal from Balls Circuit Court.—Hon. John T. Redd, Judge. The Trader’s Bank of St. Louis held a note made by Leiper Bowling & Co., and indorsed by Abraham McPike. Abraham McPike died, and Henry C. McPike qualified as administrator of his estate, in the probate court of Ralls county. The note being unpaid was duly protested, and the bank brought suit on it in the circuit court of St. Louis county against Leiper Bowling & Co. and Henry C. McPike, administrator.
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Appeal from Balls Circuit Court.—Hon. John T. Redd, Judge. The Trader’s Bank of St. Louis held a note made by Leiper Bowling & Co., and indorsed by Abraham McPike. Abraham McPike died, and Henry C. McPike qualified as administrator of his estate, in the probate court of Ralls county. The note being unpaid was duly protested, and the bank brought suit on it in the circuit court of St. Louis county against Leiper Bowling & Co. and Henry C. McPike, administrator. The former resided and the latter was found and all were personally served in St. Louis county. In due time judgment by default was…
1Opinion of the CourtNorton, J.
l. roranono* in pp.obate cases. It It is provided in section 6 Laws 1865-6, page 84, that the probate court of Ralls county shall “ have exclusive original jurisdiction * * ;hear an <} determine all suits and other proceedings instituted against executors and administrators upon any demand against the estate of their testator or intestate subject to appeals in all cases to the circuit court.” It has been held by this court in the following cases, in construing the above language in the above act, establishing certain probate courts, of which the probate court of Ralls county was one, that it…
2Cases cited5 opinions
- Dodson v. ScroggsSupreme Court of Missouri · 1871
- North v. Walker's AdministratorSupreme Court of Missouri · 1877
- Cones v. WardSupreme Court of Missouri · 1871
- Wernecke v. Kenyon's AdministratorSupreme Court of Missouri · 1877
- Julian v. WardSupreme Court of Missouri · 1878
3Cited by6 opinions
- Hammons v. RenfrowSupreme Court of Missouri · 1884
- Wernse v. McPikeSupreme Court of Missouri · 1890
- Bealey v. SmithSupreme Court of Missouri · 1900
- Gwin v. WaggonerSupreme Court of Missouri · 1893
- O'Neil v. C. Young & Sons' Seed & Plant Co.Missouri Court of Appeals · 1894
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