State ex rel. Miller's Administrator v. Bidlingmaier
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This was a suit brought by and on the relation of Adolph Kehr, as administrator de bonis non of Catherine Müller, deceased, against Bidlingmaier and others, securities in the administration bond of Jacob Muller, deceased, who was the administrator of said Catherine up to the time of his death and prior to the appointment of Kehr.
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Error to St. Louis Court of Common Pleas. This was a suit brought by and on the relation of Adolph Kehr, as administrator de bonis non of Catherine Müller, deceased, against Bidlingmaier and others, securities in the administration bond of Jacob Muller, deceased, who was the administrator of said Catherine up to the time of his death and prior to the appointment of Kehr. The breach assigned was the alleged nonpayment to said Kehr of a balance found on a settlement of said Jacob’s account with the estate of said Catherine, to be due by him to said estate. The defences set up were that said…
1Opinion of the CourtScott, Judge
There seems to be a departure from correct principles in the management of this suit. This is to be attributed to the action of the probate court in permitting the same individual to represent interests hostile to each other. The record offered in evidence shows that Adolph Kehr — as administrator of Jacob Müller, who was administrator of Catherine Muller — voluntarily appeared in court, and made a settlement of his account as such administrator, he (the said Adolph Kehr) being also the administrator of Catherine Muller. Adolph Kehr, as administrator of Catherine Muller, could not settle an…
2Cases cited1 opinion
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
3Cited by14 opinions
- Moffett v. Commerce Trust CompanySupreme Court of Missouri · 1955
- Davis v. RobertsMissouri Court of Appeals · 1920
- Arrington v. McCluerSupreme Court of Missouri · 1930
- State Ex Rel. Dryden v. ThymMissouri Court of Appeals · 1955
- Estate of Padgett v. SmithMissouri Court of Appeals · 1905
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