Legal Opinion

Kimm v. Osgood's Administrator

Supreme Court of Missouri

Decided October 15, 1853PublishedCited by 10 opinions

Appeal from St. Louis Circuit Court. The facts sufficiently appear from the opinion of the court. The court erred in placing this demand in the fifth class, instead of the sixth. It was not exhibited “within one year after the granting of letters” of administration on the estate. The day on which letters are granted is to be included, and the day of the same date of the succeeding year excluded. A part of the day is to be counted as a whole day.

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Appeal from St. Louis Circuit Court. The facts sufficiently appear from the opinion of the court. The court erred in placing this demand in the fifth class, instead of the sixth. It was not exhibited “within one year after the granting of letters” of administration on the estate. The day on which letters are granted is to be included, and the day of the same date of the succeeding year excluded. A part of the day is to be counted as a whole day. It is plain that, had the court been in session, the administrator might have waived notice, and the demand might have been allowed on the day when…

1Opinion of the Court

Gamble, Judge,

delivered the opinioñ of the court.

Probably no question of the same importance has so much engaged the attention of courts, or has been so often and so variously decided, as how time shall be computed. It is utterly impossible to reconcile the decisions of different courts of equal ability, and therefore, instead of undertaking so useless a labor, the views of the court upon the question involved in the present case, will be briefly stated. The administration act, (R. C. p. 90) places in the fifth class “ all demands that shall be legally exhibited within one year after the…

2Cases cited1 opinion

  1. Steam Boat Mary Blane v. BeehlerSupreme Court of Missouri · 1849

3Cited by10 opinions

  1. Thompson v. Farmers Exchange BankSupreme Court of Missouri · 1933
  2. Stella Ex Rel. Kaiser-Frazer Corp. v. Graham-Paige Motors Corp.District Court, S.D. New York · 1955
  3. Warren v. SladeMichigan Supreme Court · 1871
  4. Fabien v. GrabowMissouri Court of Appeals · 1908
  5. Bailey v. LubkeMissouri Court of Appeals · 1879

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