Price v. McCause
Missouri Court of Appeals
Appeal from the Lawrence Circuit Court, Hon. M. G. McGregor, Judge. The notice served on defendant of the fifth of March, 1884, though stating the wrong day of the month on which the Lawrence county probate court commenced, was a substantial compliance with the law. At least, that of the twenty-ninth of July, 1885, was, and the notice being by the provisions of section 198, Revised Statutes, the demand was legally exhibited from that date.
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Appeal from the Lawrence Circuit Court, Hon. M. G. McGregor, Judge. The notice served on defendant of the fifth of March, 1884, though stating the wrong day of the month on which the Lawrence county probate court commenced, was a substantial compliance with the law. At least, that of the twenty-ninth of July, 1885, was, and the notice being by the provisions of section 198, Revised Statutes, the demand was legally exhibited from that date. Rev. Stat., secs. 184, 185. And said proceedings thenceforward constituted a legally exhibited demand against said estate — a Ms pendens, for the final…
1Opinion of the CourtThompson, J.
The plaintiff presented for allowance in the probate court of Lawrence county a demand against the estate of John C. Price, deceased, consisting of a promissory note of the decedent, at the February term, 1887. The probate judge disallowed the demand, on the ground that it had not been presented for allowance within two years of the date of the letters of administration, and the plaintiff appealed to the circuit court. The circuit court disallowed the demand on the same ground, and the plaintiff brings the question by appeal to this court.
The letters of administration were granted on the…
2Cases cited6 opinions
- Pfeiffer v. SussSupreme Court of Missouri · 1880
- Spaulding v. SussMissouri Court of Appeals · 1877
- Bauer v. GrayMissouri Court of Appeals · 1885
- Garesché v. LewisMissouri Court of Appeals · 1884
- Nelson v. HaeberleMissouri Court of Appeals · 1887
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3Cited by4 opinions
- State Ex Rel. Dean v. DauesSupreme Court of Missouri · 1929
- Boone v. BooneWest Virginia Supreme Court · 1941
- Home Insurance v. WickhamSupreme Court of Missouri · 1920
- Farmers' Savings Bank v. BurginMissouri Court of Appeals · 1898