Johnson v. Smith's Administrator
Supreme Court of Missouri
Error to Callaway Circuit Court. I. A guardian de son tort is a character unknown to the law. The court instructed the jury erroneously. I. No objection is made to the instructions in the motion for a new trial. (15 Mo. 515; 13 Mo. 215 ; id. 455; 26 Mo. 530.) Error in instructions can not be reached by motion in arrest. (10 Mo. 698.) The court did not err in giving or refusing instructions. (19 Mo. 102 ; 18 Mo. 249; 17 Mo. 382, 49; 8 Mo. 522.)
1Opinion of the CourtRichardson, Judge
William O. Johnson and wife, in May, 1857, presented, for allowance in the county court, an account against Smith’s *592estate for two sums of money received respectively in 1835 and 1845 by Smith, for the use of Mrs. Johnson before her marriage. Smith died in 1855. It appears that after the death of Robert Carter, who resided in Kentucky, Smith, who was the uncle of Carter’s children, one of whom is Mrs. Johnson, received for the children a small sum of money, which they had inherited from the father ; and he assumed to act, without appointment, as their guardian in the management and control of…
2Cases cited1 opinion
- State ex rel. Whaley v. BlackwellSupreme Court of Missouri · 1854
3Cited by15 opinions
- Klemme v. BestSupreme Court of Missouri · 1997
- Bent v. PriestSupreme Court of Missouri · 1885
- Shelby County v. BraggSupreme Court of Missouri · 1896
- Parks v. SatterthwaiteIndiana Supreme Court · 1892
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
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