Davis v. Blair
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Hon. Eclwin B. McKee, Judge. STATEMENT OF THE CASE. Upon a settlement of tbe accounts of Charles E. Blair, a resigned administrator of the estate of William E. Wiley, with George R. Davis administrator de bonis non of said estate, the probate court of Clark county found a balance of $820.52 in the hands of said C. E. Blair, together with a title paper to a town lot in the city of Oklahoma, which belonged to the estate of the decedent, and…
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Appeal from Clark Circuit Court. — Hon. Eclwin B. McKee, Judge. STATEMENT OF THE CASE. Upon a settlement of tbe accounts of Charles E. Blair, a resigned administrator of the estate of William E. Wiley, with George R. Davis administrator de bonis non of said estate, the probate court of Clark county found a balance of $820.52 in the hands of said C. E. Blair, together with a title paper to a town lot in the city of Oklahoma, which belonged to the estate of the decedent, and which the court thereupon ordered and adjudged should be paid over to the said Davis. Erom this judgment Davis took an…
1Opinion of the Court
BOND, I.
It is insisted by the learned counsel for appellant that the motion filed at the subsequent term of the circuit court of Clark county to set aside a final judgment as shown upon the records of that court, at a former term, is an apt and proper method for procuring the vacation and annulment of the judgment claimed in said motion to have been entered upon the record of the court without its authority and without any appearance of the parties.
In the view we take of the case, it is unnecessary to decide whether the motion in question is available as one in the nature of a writ of error…
2Cases cited1 opinion
- Noah v. German InsuranceMissouri Court of Appeals · 1899
3Cited by3 opinions
- MacLay Company v. MeadsCalifornia Court of Appeal · 1910
- Ballard Savings & Loan Ass'n v. LindenWashington Supreme Court · 1936
- Koch v. SachlebenMissouri Court of Appeals · 1904