State ex rel. Gordon v. Kennedy
Supreme Court of Missouri
Appeal from Yernon Circuit Court. — Hon. Ohas..Q. Burton, Special Judge. (1) Sections 305, 5329, 5330 and 5331, Revised Statutes of 1889, are void and unconstitutional as to these sureties, as being in contravention of section 30, article 2, of the Constitution of Missouri in that the sureties are sought to be held conclusively bound by judicial proceedings of which they had no notice.
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Appeal from Yernon Circuit Court. — Hon. Ohas..Q. Burton, Special Judge. (1) Sections 305, 5329, 5330 and 5331, Revised Statutes of 1889, are void and unconstitutional as to these sureties, as being in contravention of section 30, article 2, of the Constitution of Missouri in that the sureties are sought to be held conclusively bound by judicial proceedings of which they had no notice. Jones v. Yore, 142 Mo. 38. (2) E. E. Cordon can not maintain this action for the reason that Kennedy had never resigned as guardian of this estate. His resignation of his office as public administrator did not…
1Opinion of the CourtBrace, P. J.
At the general election in November, 1888, the defendant, L. N. Kennedy, was elected public administrator and ex-officio public guardian and curator, of Vernon county, duly qualified and entered upon the discharge of his duties as such. On January 30, 1890, under an order of the probate court of said county he took charge of the estate of Morton E. Torbert, a minor. By his second annual settlement of that estate, made at the October term, 1892, of said court, it appeared that there was a balance due from him to the estate of said ward of $876.29. At the ensuing general election in November,…
2Cases cited6 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Kersey v. GartonSupreme Court of Missouri · 1883
- State ex rel. Frost v. CreusbauerSupreme Court of Missouri · 1878
- Irwin v. ChilesSupreme Court of Missouri · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Title Guaranty & Surety Co. v. Missouri ex. rel. StormfeltzCourt of Appeals for the Eighth Circuit · 1939
- State Ex Rel. Russell v. MuellerSupreme Court of Missouri · 1933
- State ex rel. Short v. HardyMissouri Court of Appeals · 1918
- State ex rel. Rutledge v. HolmanMissouri Court of Appeals · 1902