Allen v. Allen
Missouri Court of Appeals
Appeal from Shelby Circuit Court. — Hon. N. M. Shelton, Judge. (1) The-demand of plaintiff was presented and filed during the vacation of the probate court, as appears by the transcript from that court. It has been expressly held that the court does not acquire jurisdiction unless the demand be presented at a regular or adjourned term of court.
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Appeal from Shelby Circuit Court. — Hon. N. M. Shelton, Judge. (1) The-demand of plaintiff was presented and filed during the vacation of the probate court, as appears by the transcript from that court. It has been expressly held that the court does not acquire jurisdiction unless the demand be presented at a regular or adjourned term of court. It follows that if the probate court did not have jurisdiction of the subject-matter, the circuit court would not acquire such jurisdiction on appeal. It is true that section 184, Revised Statutes 1899, does not now contain the words “and presented to…
1Opinion of the CourtGoode, J.
-The contest in this case is over a demand presented by respondent Margaret E. Allen against the estate of her deceased father-in-law, David Allen, for services rendered to said deceased in household work and caring for himself and his wife through eight years immediately preceding his death. David Allen was a farmer who lived in- Shelby county, Missouri. He had eight children, one of whom was James Allen, the husband of the respondent. In 1892, this son James resided at Leonard, where he was engaged in the mercantile business. During the fall of that' year he married his wife, Margaret, and…
2Cases cited5 opinions
- Hart v. HessSupreme Court of Missouri · 1867
- Reando v. MisplaySupreme Court of Missouri · 1886
- Cowell v. Roberts'Supreme Court of Missouri · 1883
- Hayden v. ParsonsMissouri Court of Appeals · 1897
- Ramsey v. HicksMissouri Court of Appeals · 1893
3Cited by6 opinions
- Kopp v. Traders Gate City National BankSupreme Court of Missouri · 1948
- Cole v. FitzgeraldMissouri Court of Appeals · 1908
- Mathias v. TingeyUtah Supreme Court · 1911
- Brunnert v. BoeckmannMissouri Court of Appeals · 1924
- Mabary v. MabaryMissouri Court of Appeals · 1913
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