Williams v. Penn
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer J. Until the cause of action accrues, time is not, for any purpose, counted against it. Not the first any more than the second year from grant of letters, is or can be considered as commencing, until the •cause of action accrues. For these two years make np the special limitation, or statutory bar.
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Appeal from the St. Louis Circuit Court, Thayer J. Until the cause of action accrues, time is not, for any purpose, counted against it. Not the first any more than the second year from grant of letters, is or can be considered as commencing, until the •cause of action accrues. For these two years make np the special limitation, or statutory bar. This view is supported by Miller v. Woodward, 8 Mo. 169, 175-177; Greenbaum v. Elliot, 60 Mo. 25, 32; Ewing v. Taylor, 70 Mo. 394, 397; Spaulding v. Suss, 4 Mo. App. 541, 549; Worth v. Walker, 1. Mo. App. 174, 182; North v. Walker, 66 Mo. 453, 463;…
1Opinion of the CourtThompson, J.
The plaintiffs filed a claim in the probate court, which was allowed and placed in the sixth class. The plaintiffs appealed to the circuit court, where the same judgment was rendered, and they have again appealed to this court. The grounds of their, appeal are, that the claim ought to have been put in the fifth, and not in the sixth class. It is stated that there are assets to pay claims of the fifth class, but none to pay claims of the sixth class.
The claim arose in this way: Walter B. Morris and the defendant’s intestate were sureties on a guardian’s bond. In 1879, a judgment was recovered…
2Cases cited7 opinions
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Finney v. State ex rel. EstissSupreme Court of Missouri · 1845
- Richardson v. HarrisonSupreme Court of Missouri · 1865
- Spaulding v. SussMissouri Court of Appeals · 1877
- North v. Walker's AdministratorSupreme Court of Missouri · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bauer v. GrayMissouri Court of Appeals · 1885
- Price v. McCauseMissouri Court of Appeals · 1888