Bryan v. Mundy
Supreme Court of Missouri
APPEAL from Washington Circuit Court. It appears from the judgment of the circuit 'court, that what the court calls “the allow» anee,” was set aside, upon the ground that the administrator had no notice. It is insisted, that when judgments, obtained against the deceased in his life, and filed in the county court, the administrator is not entitled to notice.
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APPEAL from Washington Circuit Court. It appears from the judgment of the circuit 'court, that what the court calls “the allow» anee,” was set aside, upon the ground that the administrator had no notice. It is insisted, that when judgments, obtained against the deceased in his life, and filed in the county court, the administrator is not entitled to notice. By reference to 4th article of the administration law, section 5, we have the requisites to be stated in the notice to the administrator, among Which is “a copy of the instrument of writing or account upon which the claim is founded.” This…
1Opinion of the CourtBirch, J.
In the lifetime of Felix Mundy, John G. Bryan obtained a judgment against him before a justice of -the peace, made a portion of the-money on execution, filed a transcript in the circuit court clerk’s office, from which issued a second execution, upon which a small additional sum was made. The defendant subsequently denying, a transcript of this judgment was filed in the county court clerk’s office on the 22nd of December, 1847, and the demand classed against his estate at the February term, 1848. Two years after the judgment was thus classed, the administrator of Mundy appeared in the county…
2Cited by7 opinions
- McFaul v. HaleySupreme Court of Missouri · 1901
- Wernse v. McPikeSupreme Court of Missouri · 1890
- Spaulding v. SussMissouri Court of Appeals · 1877
- Ewing v. TaylorSupreme Court of Missouri · 1879
- City of Carondelet v. Desnoyer's AdministratorSupreme Court of Missouri · 1858
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