Ross v. Alleman
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. In suits brought by an executor or administrator upon contracts made with the testator or intestate in his lifetime, if he fails to recover he is not liable de bonis propriis.
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Appeal from Caldwell Circuit Court. In suits brought by an executor or administrator upon contracts made with the testator or intestate in his lifetime, if he fails to recover he is not liable de bonis propriis. (Wooldridge vs. Draper, 15 Mo., 470; Laughlin vs. McDonald, 1 Mo., 684; Ranney, Adm’r, vs.' Thomas, 45 Mo., Ill; State vs. Maiilsby, 53 Mo., 500; Einney vs. State, 9 Mo; 225.) I. The matter of costs, in a case like this, is left pretty-much to the discretion of the trial court.
1Opinion of the CourtWagner, Judge
Plaintiff, as administrator, commenced this action in the Circuit Court, on a demand which accrued to his intestate in his lifetime.
A motion was filed to compel him. to give security for costs, on the ground that he was unable to pay the costs, and that the estate which he represented, and for which he sued, was insolvent. Without hearing any evidence on this motion the eourt sustained it, and the plaintiff refusing to give security, the suit was dismissed and a personal judgment was rendered against him. '
The judgment is erroneous. The cause of action accrued to the plaintiff’s intestate in…
2Cases cited3 opinions
- Ranney v. ThomasSupreme Court of Missouri · 1869
- State ex rel. Hunter v. MaulsbySupreme Court of Missouri · 1873
- Wooldridge v. DraperSupreme Court of Missouri · 1852
3Cited by3 opinions
- Patton v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1885
- Lewis v. McCabeMissouri Court of Appeals · 1885
- Strother v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1915