Chambers' Administrator v. Smith's Administrator
Supreme Court of Missouri
Appeal from St. Louis Land Court. The facts of this case are sufficiently set forth in the report of the cause when the same was in the supreme court for review before. I. The court should have arrested the judgment. The plaintiff had no cause of action if the breach of the covenants was made by the execution of the deed by Beckwith in December, 1848, as administrator by order of court. The heirs of Chambers, and not the administrator, were the proper parties plaintiff.
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Appeal from St. Louis Land Court. The facts of this case are sufficiently set forth in the report of the cause when the same was in the supreme court for review before. I. The court should have arrested the judgment. The plaintiff had no cause of action if the breach of the covenants was made by the execution of the deed by Beckwith in December, 1848, as administrator by order of court. The heirs of Chambers, and not the administrator, were the proper parties plaintiff. (Rawle on Cov. 602; 10 Ohio, 442; 3 Dev. 200 ; 3 Mon. 95 ; Meigs, 187 ; 9 B. Monr. 48.) William Chambers died May 9, 1848.…
1Opinion of the CourtRichardson, Judge
When the case of Roberts v. Cooper, 20 How. 467, was before the supreme court of the United States the second time, after it had been tried in the circuit court on the principles established by the supreme court in the first trial, it was dedecid that the court could not be compelled, on a second writ of error in the same case, to review their decision on the first; that after a case had been brought there and decided and a mandate issued to the court below, if a second writ of error was sued out it brought up for review nothing but the proceedings subsequent to the mandate; that none of the…
2Cases cited3 opinions
- Roberts v. CooperSupreme Court of the United States · 1858
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Schilling v. SpeckSupreme Court of Missouri · 1858
3Cited by17 opinions
- Johnson v. Cadillac Motor Car Co.Court of Appeals for the Second Circuit · 1919
- Dodge v. GaylordIndiana Supreme Court · 1876
- Mangold v. BaconSupreme Court of Missouri · 1911
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- Burns v. LedbetterTexas Supreme Court · 1882
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