In re Wilson
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The court erred in admitting evidence of the fact fhat loans were made in New Mexico at larger rates of interest than permitted by statute. (2) The removal of the funds of the ward’s estate is not a matter of strict' right, but one addressing itself solely and entirely to the sound discretion of the court. R. S., secs. 2597, 2598, 2609 ; Bari v. Dresser, 30 Ind. 11; Marts n.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The court erred in admitting evidence of the fact fhat loans were made in New Mexico at larger rates of interest than permitted by statute. (2) The removal of the funds of the ward’s estate is not a matter of strict' right, but one addressing itself solely and entirely to the sound discretion of the court. R. S., secs. 2597, 2598, 2609 ; Bari v. Dresser, 30 Ind. 11; Marts n. Brown, 56 Ind. 386. (3) The erroneous exercise of judicial discretion is a proper matter for consideration by appellate tribunals. Walton n.…
1Opinion of the CourtNorton, C. J.
On the third of March, 1885, W. B.
Childers, the guardian in New Mexico of Fannie Y. Wilson, a minor then residing there, made application to the probate court of the city of St. Louis, Missouri, to require John Wickham, the curator of said Fannie Y. Wilson, in Missouri, where she had formerly resided, to deliver and turn over to said Childers as such guardian the property of said ward. The probate court overruled the application and Childers appealed to the circuit court of the city of St. Louis, where, upon a trial had, the court gave judgment for the petitioner Childers, granting the…
2Cases cited4 opinions
- Carr v. MossSupreme Court of Missouri · 1885
- Earl v. DresserIndiana Supreme Court · 1868
- Marts v. BrownIndiana Supreme Court · 1877
- Walton v. WaltonSupreme Court of Missouri · 1854
3Cited by7 opinions
- Littell v. Bi-State Transit Development AgencyMissouri Court of Appeals · 1967
- Liddle v. Collins Construction CompanySupreme Court of Missouri · 1955
- Schafer v. RobertsMissouri Court of Appeals · 1912
- State ex rel. Tygard v. ElliottMissouri Court of Appeals · 1900
- Citizens Bank & Trust Co. v. MooreMissouri Court of Appeals · 1924
2 more not listed; retrieve them via the Exa API.