Strobel v. Clark
Missouri Court of Appeals
Appeal from St. Louis City Circuit. Court. — Eon. Matt. G. Reynolds, Judge. (1) Under a proceeding against a former executor for an accounting, the probate court has no power to adjudicate a question in the nature of a discovery of assets, which is a separate action, requiring a different procedure altogether from the other.
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Appeal from St. Louis City Circuit. Court. — Eon. Matt. G. Reynolds, Judge. (1) Under a proceeding against a former executor for an accounting, the probate court has no power to adjudicate a question in the nature of a discovery of assets, which is a separate action, requiring a different procedure altogether from the other. R. S. 1899, secs. 74, 75, 76, 77, 78. (2) Nor has the probate court any jurisdiction of the subject-matter of adjudicating the title to personal property in any proceedings whatsoever. Smith v. Gilmore, 13 Mo. App. 155; Wilson v. Ruthrauff, 82 Mo. App'. 435; In re Estate…
1Opinion of the CourtGoode, J.
This is an action in the nature of a suit in equity instituted to set aside and hold for naught a judgment of the probate court of the city of St. Louis, to restrain the defendant Patrick H. Clark, sheriff of said city, from paying over money Avhich had been col*50lected on said judgment. The cause in which the judgment of the probate .court was entered wasi a proceeding instituted therein by Henry Troll, public administrator in charge of the estate of William A. Baier, deceased, against the plaintiff, John Strobel, to compel the latter as executor of the will of said Baier, to make final…
2Cases cited13 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- Hope v. BlairSupreme Court of Missouri · 1891
- Smoot v. JuddSupreme Court of Missouri · 1904
- Fithian v. MonksSupreme Court of Missouri · 1869
- Smoot v. JuddSupreme Court of Missouri · 1901
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