State ex rel. Smith v. Paul's
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was a demand presented in the St. Louis Probate Court for allowance against the estate of Rene Paul, deceased, founded upon alleged breaches of a bond for $4000, executed to the state of Missouri, by said Paul as security, on the 16th of March, 1844, conditioned for the faithful discharge by Frederick W. Beckwith of his duties as curator of Philomena Smith, a minor.
Read the full summary
Appeal from St. Louis Circuit Court. This was a demand presented in the St. Louis Probate Court for allowance against the estate of Rene Paul, deceased, founded upon alleged breaches of a bond for $4000, executed to the state of Missouri, by said Paul as security, on the 16th of March, 1844, conditioned for the faithful discharge by Frederick W. Beckwith of his duties as curator of Philomena Smith, a minor. This action was brought to the use of Philo-omena Smith, by Henry Chouteau, her guardian. The breaches assigned were: 1st. That between the 16th of March, 1844, and September, 1851, the…
1Opinion of the CourtScott, Judge
The words of the statute conferring jurisdiction on the county courts, are sufficiently comprehensive to embrace the subject of this suit. The words are, “that the county court shall have jurisdiction to hear and determine all demands against any estate,” &c. More comprehensive language could scarcely have been employed. The objection to an action in the county court on a bond with a collateral condition, growing out of the nature of the judgment required by law to be entered in such suits, is more specious than solid. In actions conducted according to the course of the common law, a judgment…
2Cases cited1 opinion
- Jewett v. WeaverSupreme Court of Missouri · 1846
3Cited by14 opinions
- Bartlett v. WheelerIllinois Supreme Court · 1902
- State ex rel. Chatham National Bank v. FinnSupreme Court of Missouri · 1889
- State v. DrurySupreme Court of Missouri · 1865
- Wolff v. SchaefferMissouri Court of Appeals · 1877
- State ex rel. Jacobs v. ElliottSupreme Court of Missouri · 1900
9 more not listed; retrieve them via the Exa API.