Wencker v. Thompson's Administrator
Missouri Court of Appeals
Appeal from St. Charles Circuit Court. — How. Elliott M. Hughes, Judge. (1) The demand, the basis of this action, was never exhibited to the defendant, administrator, and no notice was given him that the demand would be presented to the probate court for allowance and classification, as required by law. Grewe v. Hanszen, 87 Mo. App. 63; Price v. McCause, 30 Mo.
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Appeal from St. Charles Circuit Court. — How. Elliott M. Hughes, Judge. (1) The demand, the basis of this action, was never exhibited to the defendant, administrator, and no notice was given him that the demand would be presented to the probate court for allowance and classification, as required by law. Grewe v. Hanszen, 87 Mo. App. 63; Price v. McCause, 30 Mo. App. 627; Secs. 188, 197, 199, R. S. 1899. (2) The demand could not be allowed and classified until the claimant made oath in open court or filed an affidavit as to credits and offsets. Sec. 195, R. S. 1899; Grewe v. Hanszen, 87 Mo.…
1Opinion of the CourtBarclay, J.
This is an appeal from the allowance and classification by the circuit court of a probate demand founded on, an alleged judgment in favor of Susan E. Houston, which judgment is in the following terms:
“In the Circuit Court, Wednesday, March 16,1881.
“State of Missouri, County of St. Charles, ss.
*63Susan E. Houston, Plaintiff,
v. . Damages.
John A. Thompson et al., Defendants.
“The motion of said plaintiff to amend the judgment herein coming on to he heard and being submitted to the court it is considered by the court that said motion be sustained and that said judgment against "W. Thompson, Catherine…
2Cases cited10 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Cole County v. DallmeyerSupreme Court of Missouri · 1890
- Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Bromwell v. Estate of BromwellIllinois Supreme Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Ex Rel. Dean v. DauesSupreme Court of Missouri · 1929
- Jensen v. Estate of McCallSupreme Court of Missouri · 1968
- Green v. StrotherCourt of Appeals of Kansas · 1919
- Kessler v. ClayesMissouri Court of Appeals · 1910
- Norcott v. United StatesCourt of Appeals for the Seventh Circuit · 1933
2 more not listed; retrieve them via the Exa API.