Legal Opinion

Barton v. Barton

Supreme Court of Missouri

Decided July 15, 1864PublishedCited by 3 opinions

Error to Cole Circuit Court. The plaintiff in error sued the defendant in error before a justice of the peace, on a statement or complaint filed, in which he alleged that she owed him $76.50, which, in May, 1862, she agreed to pay to him, if he demanded it; it being what would have been his distributive share of his father’s estate, which she consumed by bringing in a pretended claim for the support of infant children, and which the county court, at her final settlement,…

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Error to Cole Circuit Court. The plaintiff in error sued the defendant in error before a justice of the peace, on a statement or complaint filed, in which he alleged that she owed him $76.50, which, in May, 1862, she agreed to pay to him, if he demanded it; it being what would have been his distributive share of his father’s estate, which she consumed by bringing in a pretended claim for the support of infant children, and which the county court, at her final settlement, accepted on the express condition that she would pay the above sum if plaintiff claimed it; that he had claimed it, and she…

1Opinion of the CourtDryden, Judge

The order of the county court allowing to the respondent, on her final settlement, the $625.30 out of the assets of the estate of her intestate, for the maintenance and education of the intestate’s infant children, was in the nature of a judgment, and conclusively determined the right of the respondent to the fund.

By the present proceeding, the same matter is sought to be readjudicated. This cannot be done. The plaintiff had his day in court at the time of the final settlement of the respondent, the administratrix, and he must abide the judgment then made until reversed by the proper…

2Cited by3 opinions

  1. Nelson v. BarnettSupreme Court of Missouri · 1894
  2. Woodworth v. WoodworthSupreme Court of Missouri · 1879
  3. Murray v. RobertsSupreme Court of Missouri · 1871

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