State ex rel. Millett v. Field
Missouri Court of Appeals
Original Proceeding. (1) The order, judgment and decision of respondent of March 9, 1889, removing petitioner as assignee of J. H. Ramsey and ordering him to deliver the money and property of said estate to Wm. Allbritain, is such a final order or judgment as may be appealed from by petitioner. R. S., sec. 393, p. 60; R. S., sec. 3710, p. 632 ; State v. Allen, 92 Mo. 20 ; State ex rel. v. McAuliffe, 48 Mo. 112 ; Gale v. Michie, 47 Mo. 326; Slagel n.
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Original Proceeding. (1) The order, judgment and decision of respondent of March 9, 1889, removing petitioner as assignee of J. H. Ramsey and ordering him to deliver the money and property of said estate to Wm. Allbritain, is such a final order or judgment as may be appealed from by petitioner. R. S., sec. 393, p. 60; R. S., sec. 3710, p. 632 ; State v. Allen, 92 Mo. 20 ; State ex rel. v. McAuliffe, 48 Mo. 112 ; Gale v. Michie, 47 Mo. 326; Slagel n. Murdock, 65 Mo. 522 ; Wise v. Darby, Adrrúr, 9 Mo. 131; In re Loan & Trust Co. ( Sup. Ct. U. S. 1889), 9 Sup. Ct. Rep. 265; 2 Wall. 521; 3 Pom.…
1Opinion of the CourtGill, J.
Upon a consideration of the record and evidence submitted, we find the material facts of this controversy to be as follows: In December last one J. H. Ramsey, a job printer, binder, etc., becoming financially embarrassed, made an assignment, under the statute, for the benefit of his creditors, and relator Henry S. Millett was made the assignee.
He qualified by giving bond, etc., and entered upon the discharge of his duties. In February, 1889, some of Ramsey’s creditors filed a complaint in respondent’s division of the Jackson circuit court, in which said assignment was pending, praying that…
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