Babb v. Ellis
Supreme Court of Missouri
Appeal from Boone Circuit -Court.—Hon. G. H. BurcK' hartt, Judge. 1. The moneys received by Pierce, as special commissioner, were never turned over to Pierce, administrator of Cochran, by any act of said commissioner. What he did with them is not fully shown.
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Appeal from Boone Circuit -Court.—Hon. G. H. BurcK' hartt, Judge. 1. The moneys received by Pierce, as special commissioner, were never turned over to Pierce, administrator of Cochran, by any act of said commissioner. What he did with them is not fully shown. But there is positively no evidence that he ever made any inventory or report of these moneys, as being in his hands as administrator of Cochran, or ever charged himself therewith as such, in any settlement, or otherwise. If the moneys at any time passed out of his hands as special commissioner, and into his hands as administrator of…
1Opinion of the CourtHenry, J.
This was a proceeding in the probate court of Boone county by the administrator of Cochran, against the administrator of Pierce and his securities on his bond as administrator of said estate of Cochran, under section 68, page 487, General Statutes of 1865, to recover a large sum of money which his successor, as administrator of *465Cochran’s estate, alleged that Pierce, (his predecessor in said administration,) had wasted. A judgment was rendered against defendants, from which they appealed to the circuit court, where plaintiff was again successful, and they have appealed to this court.
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2Cited by2 opinions
- Clark v. HillMissouri Court of Appeals · 1897
- Tittman v. GreenSupreme Court of Missouri · 1891