Baker v. Schoeneman
Supreme Court of Missouri
Error to the Second District Court. I. The Circuit Court had no jurisdiction of the cause and no power to render judgment against the executor, or to reverse the action of the County Court.
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Error to the Second District Court. I. The Circuit Court had no jurisdiction of the cause and no power to render judgment against the executor, or to reverse the action of the County Court. An appeal does not lie from the settlements of executors and administrators until final settlements, because the settlements before final settlements are not judgments, and are not binding or conclusive on parties interested in the estate, but may be altered, corrected or annulled at final settlement — Picot v. Biddle’s Adm’r, 85 Mo. 29. No appeal lies in this case except from a final judgment or decision.…
1Opinion of the CourtEagg, Judge
It may be gathered from the record in this case, that the subject matter of controversy between these parties is as to the correctness of an allowance made by the County Court of Jefferson county in favor of the plaintiff in error, and carried into his first annual settlement as a credit. An appeal was taken to the Circuit Court of that county, where the action of the County Court was held to be erroneous and the settlement set aside. The following extract from the records of the Circuit Court will show the facts found as well as its judgment: “And the court proceeding to try the cause anew,…
2Cases cited1 opinion
- Picot v. O'FallonSupreme Court of Missouri · 1864
3Cited by10 opinions
- Mak-Saw-Ba Club v. CoffinIndiana Supreme Court · 1907
- North v. PriestSupreme Court of Missouri · 1884
- Shelby v. CreightonNebraska Supreme Court · 1902
- In Re Peper v. BellSupreme Court of Missouri · 1920
- State ex rel. Public Admr. v. LankfordSupreme Court of Missouri · 1874
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