Miller v. Janney's Ex'r
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. STATEMENT OF THE CASE. The letters testamentary, bore date 27th November 1848. On 10th December, 1849, both parties appeared in court of probate, the executor then waived notice under the statute, and the plaintiff proved his claim, but offered no evidence, whatever, touching any prior exhibition of his claim. The probate court placed it in the sixth class, as a claim exhibited after the lapse of the first year of administration.
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APPEAL from St. Louis Circuit Court. STATEMENT OF THE CASE. The letters testamentary, bore date 27th November 1848. On 10th December, 1849, both parties appeared in court of probate, the executor then waived notice under the statute, and the plaintiff proved his claim, but offered no evidence, whatever, touching any prior exhibition of his claim. The probate court placed it in the sixth class, as a claim exhibited after the lapse of the first year of administration. On the 22d December 1849, the plaintiff filed his motion in the probate court to set aside the said classification, and to…
1Opinion of the CourtRyland, J.
The question for us to decide in this case, relates to the action of the probate court, in refusing to alter its judgment, and re-class the plaintiff’s demand, so as to place it in the fifth instead of the sixth class of claims.
*268The probate court refused the motion of the plaintiff, for this purpose: he applied to the circuit court, which reversed the judgment of the probate court, and ordered the claim to be classed in the fifth class, by the probate court.
The executor brings the case before us, from this judgment of the circuit court.
From the facts contained in the record, we have no…
2Cited by3 opinions
- Spaulding v. SussMissouri Court of Appeals · 1877
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- Jones v. HartSupreme Court of Missouri · 1875