Switzer v. Switzer
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — lion. W. B. Teasdale, Judge. (1) Sureties cannot appeal in their own name and capacity as such from order of final settlement. Zinc Co. v. Hesselmeyer, 50- Mo. 180; Wilhite y. Ferry, 66 Mo. App. 460; Tuxbery’s Appeal, 67 Me. 267; Wood-bury y. Hammond, 54 Me. 332; Deering v. Adams, 34 Me. 44; Treadwell v. Burton, 8 Ala. 660'; Richardson v. Chevalley, 26 La. Ann. 551; In re McDermott’s Estate, 127 Cal. 4501; Lumber Co. v. Mimms, 49 La.
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Appeal from Jackson Circuit Court. — lion. W. B. Teasdale, Judge. (1) Sureties cannot appeal in their own name and capacity as such from order of final settlement. Zinc Co. v. Hesselmeyer, 50- Mo. 180; Wilhite y. Ferry, 66 Mo. App. 460; Tuxbery’s Appeal, 67 Me. 267; Wood-bury y. Hammond, 54 Me. 332; Deering v. Adams, 34 Me. 44; Treadwell v. Burton, 8 Ala. 660'; Richardson v. Chevalley, 26 La. Ann. 551; In re McDermott’s Estate, 127 Cal. 4501; Lumber Co. v. Mimms, 49 La. Ann. 1294; Bank y. Barth, 74 111. App. 383; In re Scott’s Account, 36 Vt. 302. It clearly appears from the statute…
1Opinion of the CourtFox, J.
This cause is brought here by appeal from a judgment of the circuit court of Jackson county, Missouri. In order to determine the legal propositions involved in this controversy, it is sufficient to make a very brief statement of the facts.
Sometime prior to May 24, 1880, Henry L. Switzer of Jackson county, Missouri, died. His'widow, Josephine Switzer, was appointed administratrix of his estate by the probate court of said county. She administered said estate and on August 24, 1882, was discharged by the order of said court. Henry L. Switzer left surviving him the widow and five minor children.…
2Cases cited8 opinions
- Methodist Churches of New York v. . BarkerNew York Court of Appeals · 1858
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1899
- Nolan v. JohnsSupreme Court of Missouri · 1891
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1896
- State ex rel. Jacobs v. ElliottSupreme Court of Missouri · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Listerman v. Day and Night Plumbing & Heating Serv.Missouri Court of Appeals · 1964
- In Re DuganMissouri Court of Appeals · 1957
- State ex rel. Connors v. SheltonSupreme Court of Missouri · 1911
- Kondas v. Washoe County BankNevada Supreme Court · 1927
- Maxwell v. AdamsWest Virginia Supreme Court · 1922
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