State ex rel. Kelley v. Thornton
Supreme Court of Missouri
I. Plaintiffs have no interest in common in the cause of action sued on. Each is entitled to a part of the money, in his own light, and not entitled to the entire sum jointly with the others. II. There never having been a final settlement of the administration, and no administi'ator de bonis non having been appointed, no action will lie on the bond. I. Until there was an order of distribution plaintiffs had a joint interest, and that should he a sufficient answei.
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I. Plaintiffs have no interest in common in the cause of action sued on. Each is entitled to a part of the money, in his own light, and not entitled to the entire sum jointly with the others. II. There never having been a final settlement of the administration, and no administi'ator de bonis non having been appointed, no action will lie on the bond. I. Until there was an order of distribution plaintiffs had a joint interest, and that should he a sufficient answei. Moreover, siiits by all prevents a multiplicity of suits. (Oliver v, Crawford, 18 Mo., 263 ; Devore v. Pitman, 3 Mo., 180; State…
1Opinion of the CourtAdams, Judge
This was an action by the relators as distributees of the estate of Michael Nolan, deceased, against the defendant as surety of Christopher J. Caffrey on his bond as administrator.
The record shows that on the 10th day of December, 1864, Michael Nolan died intestate, leaving the relators as his only heirs at law and distributees of his estate. That on the 13th day of December, 1864, the said Caffrey was appointed administrator of his estate by the St. Louis Probate Court and filed his bond in the usual form with the defendant as one of his sureties. On the 28th day of March, 1868, Caffrey made…
2Cases cited4 opinions
- State ex rel. Midgett v. MatsonSupreme Court of Missouri · 1869
- Berry v. St. Francois CountySupreme Court of Missouri · 1845
- State ex rel. Adams v. CampbellSupreme Court of Missouri · 1847
- State ex rel. Collins v. StephensonSupreme Court of Missouri · 1848
3Cited by9 opinions
- Scott v. CrewsSupreme Court of Missouri · 1880
- Green v. TittmanSupreme Court of Missouri · 1894
- Morehouse v. WareSupreme Court of Missouri · 1883
- Smith v. St. Louis Union Trust Co.Supreme Court of Missouri · 1937
- State ex rel. Fagan v. GrigsbySupreme Court of Missouri · 1887
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