Cuendet v. Henderson
Supreme Court of Missouri
Prohibition. (1) Cuendet’s right to appeal to the circuit court of the city of St. Louis from the judgment of the probate court revoking his letters of administration is statutory. Art. 14, Administration statute, (a) Section 278 grants the right of appeal from any orders which the probate court may render in fifteen different “cases!” Subdivision 9 of that section particularizes one of the cases to be “on all orders revoking letters testamentary or of administration.”
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Prohibition. (1) Cuendet’s right to appeal to the circuit court of the city of St. Louis from the judgment of the probate court revoking his letters of administration is statutory. Art. 14, Administration statute, (a) Section 278 grants the right of appeal from any orders which the probate court may render in fifteen different “cases!” Subdivision 9 of that section particularizes one of the cases to be “on all orders revoking letters testamentary or of administration.” (b) The only conditions attached to the right of appeal in any and all of the fifteen cases is, that the aggrieved party must…
1Opinion of the CourtRobinson, J.
This is an original proceeding instituted in this court to obtain a writ of prohibition directed to the probate court of the city of St. Louis, prohibiting, during *660tbe pendency of plaintiff’s appeal, its carrying out or taking any steps whatever to enforce a certain order or decree revoking plaintiff’s letters of administration on the estate of E. J. Cuendet. The material facts out of which this controversy arises as set forth in plaintiff’s petition for the writ, are these: ,
The plaintiff is the sole heir and residuary legatee under the will of Eugene J. Cuendet, deceased. In 1894 letters…
2Cases cited4 opinions
- State ex rel. St. Louis & Kirkwood Railroad v. HirzelSupreme Court of Missouri · 1897
- Mullanphy v. St. Louis County CourtSupreme Court of Missouri · 1840
- State ex rel. Heckel v. KleinSupreme Court of Missouri · 1897
- Harney v. ScottSupreme Court of Missouri · 1859
3Cited by7 opinions
- State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
- State ex rel. Gray v. HenningsMissouri Court of Appeals · 1916
- Ryans v. BoogherSupreme Court of Missouri · 1902
- State, Ex Rel. v. Davisson, JudgeIndiana Supreme Court · 1925
- State ex rel. McKenzie v. La DriereMissouri Court of Appeals · 1956
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