Walsh v. Walsh
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court—Hon. Vital W. Garesche, Judge. (1) Plaintiffs have pursued the proper remedy, (a) The probate court- has no general chancery jurisdiction. State ex rel. v. Bird, 253 Mo. 580; Kelley’s Probate Griiide (4 Ed.), p. 110,. sec. 115. (b) This suit is to be distinguished from one against an administrator (and perhaps his sureties) to recover assets reported in his final settlement, but not turned over to the distributees.
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Appeal from St. Louis City Circuit Court—Hon. Vital W. Garesche, Judge. (1) Plaintiffs have pursued the proper remedy, (a) The probate court- has no general chancery jurisdiction. State ex rel. v. Bird, 253 Mo. 580; Kelley’s Probate Griiide (4 Ed.), p. 110,. sec. 115. (b) This suit is to be distinguished from one against an administrator (and perhaps his sureties) to recover assets reported in his final settlement, but not turned over to the distributees. State ex rel. v. Welsh, 175 Mo. App. 303. (c) The circuit court is k court of general original chancery powers. State ex rel. v. Dealing,…
1Opinion of the Court
Appeal from the Circuit Court of the City of St. Louis. This is a suit in equity, filed February 7, 1917, by Julia M. Walsh, widow, and Edward J. Walsh, son, of Edward Walsh, Jr., and his sole heirs, against the above defendants, to recover a certain fund as upon an accounting from Julius S. Walsh, the Mississippi Valley Trust Company and Edward W. Humphreys, arising from the exchange by said Julius S. Walsh of 113 shares of the capital stock of the Mississippi Glass Company, a corporation of Missouri, having a capital stock of $100,000, divided into 1000 shares of the par value of $100 each,…
2Cases cited7 opinions
- Hanson v. NealSupreme Court of Missouri · 1908
- Hardwicke v. HamiltonSupreme Court of Missouri · 1894
- Garesché v. MacDonaldSupreme Court of Missouri · 1890
- Kellogg v. MooreSupreme Court of Missouri · 1917
- Henderson v. KoenigSupreme Court of Missouri · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- National Rejectors, Inc. v. TriemanSupreme Court of Missouri · 1966
- Friedel v. BaileySupreme Court of Missouri · 1931
- Baker v. AtkinsMissouri Court of Appeals · 1953
- Levin v. Mississippi River Corp.District Court, S.D. New York · 1973
- Sutton v. Otis Elevator Co.Utah Supreme Court · 1926
11 more not listed; retrieve them via the Exa API.