Legal Opinion

State ex rel. Ziegenhein v. Burr

Supreme Court of Missouri

Decided March 15, 1898PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Inasmuch as the summons in the case was served on William E. Burr, the judgment is against him, and he is entitled to have the action of the trial court reviewed here, and if error was committed by that court, to have the judgment reversed. Parry v. Wood-son, 33 Mo. 348; Kronski v. Railroad, 77 Mo. 370; Chamberlain v. Blodgett, 96 Mo. 483; Weber v. JEbling, 2 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Inasmuch as the summons in the case was served on William E. Burr, the judgment is against him, and he is entitled to have the action of the trial court reviewed here, and if error was committed by that court, to have the judgment reversed. Parry v. Wood-son, 33 Mo. 348; Kronski v. Railroad, 77 Mo. 370; Chamberlain v. Blodgett, 96 Mo. 483; Weber v. JEbling, 2 Mo. App. 15; R. S. 1889, sec. 2113. Wade on Notice, par. 1318. (2) The tax bill in suit was made against “Benton Brant, William E. Barr, curator;” consequently…

1Opinion of the CourtGantt, P. J.

This is an appeal from a judgment of the circuit court of the city of St. Louis by William E. Burr, the curator of the estate of Benton Brant, a minor. By mistake, Mr. Burr’s name was written William E. Barr, instead of Burr in the petition, but the process was duly served upon Mr. Burr and he appeared and answered. The certified tax bill contained the same error in the name of the curator but indicated the person as curator of Benton Brant and the defendant in his answer disclosed that he was in fact curator of said Benton Brant and continued to be such until after the taxes sued for were…

2Cases cited3 opinions

  1. Parry v. WoodsonSupreme Court of Missouri · 1863
  2. Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
  3. Chamberlain v. BlodgettSupreme Court of Missouri · 1888

3Cited by7 opinions

  1. State ex rel. Karrenbrock v. Mississippi Valley Trust Co.Supreme Court of Missouri · 1908
  2. State Ex Rel. Rudder v. HapheSupreme Court of Missouri · 1930
  3. State ex rel. Hamilton v. BrownSupreme Court of Missouri · 1903
  4. Slavens v. William C. Haas Co.Missouri Court of Appeals · 1978
  5. State ex rel. Brown v. HamiltonSupreme Court of Missouri · 1907

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