Overton v. McFarland
Supreme Court of Missouri
ERROR to New Madrid Circuit Court. The only point decided by the circuit court wa3 that of jurisdiction; any formal defect in the petition will not be considered here. It is submitted by the plaintiff that chancery has jurisdiction in such cases, and that the jurisdiction of the county court as given by statute is accumulative and summary, and is not exclusive State constitution: Art. 5, secs. 6 and 8; 5 Mo.
Read the full summary
ERROR to New Madrid Circuit Court. The only point decided by the circuit court wa3 that of jurisdiction; any formal defect in the petition will not be considered here. It is submitted by the plaintiff that chancery has jurisdiction in such cases, and that the jurisdiction of the county court as given by statute is accumulative and summary, and is not exclusive State constitution: Art. 5, secs. 6 and 8; 5 Mo. Reports 469, Erwin vs. Henry, .The demurrer was properly sustained; the circuit court, having no jurisdiction of the subject matter of the plaintiff’s petition: See Revised Code 1845, p.…
1Opinion of the CourtGamble, J.
The plaintiff in error filed a petition in the circuit court of New Madrid, alleging that her intestate, Benjamin P. Overton, in his life time, recovered a judgment in the circuit court of New Madrid against Elias G. McFarland, the intestate of the defendant in error, that the defendant, James A. McFarland, administered upon the estate of Elias and returned an inventory of the effects of his intestate, amounting only to the sum of $88 50, although the administrator then had in his own hands several slaves and other personal property belonging to his intestate’s estate, worth more than $2,000,…
2Cases cited1 opinion
- Miller v. WoodwardSupreme Court of Missouri · 1843
3Cited by9 opinions
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
- Scott v. RoystonSupreme Court of Missouri · 1909
- Matson v. PearsonMissouri Court of Appeals · 1906
- Seibert v. HardenSupreme Court of Missouri · 1928
- Smith v. St. Louis Union Trust Co.Supreme Court of Missouri · 1937
4 more not listed; retrieve them via the Exa API.