State ex rel. Greene v. Duncan
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henri/ 0. Riley, Judge. (1) Respondents’ petition fails to state a canse of action, and the ore tenus demurrer should have been sustained because said petition fails to state that at the time Duncan collected $1,000, he was duly appointed, qualified and acting guardian and curator of said minors.
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Appeal from Pemiscot Circuit Court. — Hon. Henri/ 0. Riley, Judge. (1) Respondents’ petition fails to state a canse of action, and the ore tenus demurrer should have been sustained because said petition fails to state that at the time Duncan collected $1,000, he was duly appointed, qualified and acting guardian and curator of said minors. (2) Said petition fails to show the revocation of the appointment of Duncan as guardian and curator and fails to show the legal appointment and qualification of the respondents, Huffman and Greene; but if as the petition has it, Duncan’s appointment was…
1Opinion of the CourtNortoni, J.
1. The first question relates to the bill of exceptions. It appears that the~court made an order in term, extending the time for the defendants'”to file their bill of exceptions in vacation. The time so *313extended expired on the 11th day of June. The bill not haying been completed and filed within the time mentioned, defendants procured an order from the judge in vacation, on the 13th day of June, further extending the time to file the bill. It is well settled that a judge .in vacation, or a court for that matter, is without authority to extend the time for filing the bill of exceptions after…
2Cases cited1 opinion
- Mohoney v. German InsuranceMissouri Court of Appeals · 1891