Clark v. Carter
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Horn. W. N. • Evans, Judge. (1) The petition does not state a cause of action. It does not allege that the estate of Thomas Harber was finally settled, nor is it anywhere alleged that the debts of said estate have been paid off and discharged, nor does it allege that there were no other lands or sufficient other lands out of which to pay the legacies, nor does it set out provisions of the will of Thomas Harber, nor does it set out…
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Appeal from Howell Circuit Court. — Horn. W. N. • Evans, Judge. (1) The petition does not state a cause of action. It does not allege that the estate of Thomas Harber was finally settled, nor is it anywhere alleged that the debts of said estate have been paid off and discharged, nor does it allege that there were no other lands or sufficient other lands out of which to pay the legacies, nor does it set out provisions of the will of Thomas Harber, nor does it set out covenants or recitals of the executrix’s deed, all of which must be recited before the court could render judgment on the…
1Opinion of the CourtFox, J.
This cause is brought to this court by appeal on the part of G. H. Carter, trustee, and A. C. Donovan, administrator of the estate of Margaret H. Harber, deceased, from a decree and judgment of the circuit court of Howell county, Missouri. The defendants, G. H. Carter, trustee, and A. C. Donovan, administrator of the estate of Mrs. Harber, interposed a demurrer to the amended petition filed by the plaintiff, which demurrer was by the court overruled. Defendants Carter and Donovan refusing to further plead, judgment was rendered upon the face of the pleadings.
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2Cases cited5 opinions
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
- Trustees of General Assembly of the Presbyterian Church v. McElhinneySupreme Court of Missouri · 1876
- Hamer v. CookSupreme Court of Missouri · 1893
- Bank of Commerce v. ChambersSupreme Court of Missouri · 1888
- Mersman v. MersmanSupreme Court of Missouri · 1896
3Cited by5 opinions
- Franklin v. Margay Oil Corp.Supreme Court of Oklahoma · 1944
- Clark v. CarterSupreme Court of Missouri · 1911
- Metropolitan Life Ins. v. MasonDistrict Court, E.D. Pennsylvania · 1937
- Collins v. AhrensSupreme Court of Iowa · 1920
- Haugh v. BokernSupreme Court of Missouri · 1930