Legal Opinion

Ferry v. McGowan

Missouri Court of Appeals

Decided February 1, 1897PublishedCited by 3 opinions

Error to the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) On appeal from the probate court there is no-statutory authority to allow amendments. “Upon becoming possessed of the cause the court shall proceed to try the same anew,” means the same settlement tried before the probate court. R. S. 1889, sec. 292. (2) Even under the liberal statute of amendments applicable to appeals from justice courts, such an amendment as was permitted would not be allowable.

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Error to the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) On appeal from the probate court there is no-statutory authority to allow amendments. “Upon becoming possessed of the cause the court shall proceed to try the same anew,” means the same settlement tried before the probate court. R. S. 1889, sec. 292. (2) Even under the liberal statute of amendments applicable to appeals from justice courts, such an amendment as was permitted would not be allowable. Wehringer v. Ahlemeyer, 23 Mo. App. 277; Boughton v. B. B., 25 Mo. App. 10. (3) The court erred in refusing a jury trial. R. S.…

1Opinion of the CourtGill, J.

statement. This is an appeal from the judgment of the circuit court of Vernon county on a final settlement of defendant McGowan as curator of the Blue heirs. Many of the facts here were before us in Wilhite v. Ferry, 66 Mo. App. 453. One Jordon had charge of the estate prior to McGowan, but in March or April, 1892, Jordon died leaving a balance due the minors of about $1,900. McGowan was ' one of Jordon’s securities and was appointed his successor. After holding the curatorship for a little more *615than a year, McGowan resigned and W. T. Ferry was appointed in his stead. In the inventory and…

2Cases cited3 opinions

  1. Estate of Meeker v. SwiftMissouri Court of Appeals · 1891
  2. Roeder v. ShryockMissouri Court of Appeals · 1895
  3. Wilhite v. FerryMissouri Court of Appeals · 1896

3Cited by3 opinions

  1. Stevens v. LarwillMissouri Court of Appeals · 1904
  2. Burge v. BurgeMissouri Court of Appeals · 1902
  3. Estate of Buie v. WhiteMissouri Court of Appeals · 1902

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