Richardson v. Busch
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. II. D. Wood, Judge. (1) The authority of plaintiff, as public administrator, to administer the estate and to maintain this action, is not open to collateral attach; the probate court alone has jurisdiction-in a direct proceeding to question his power. Leeper v. Tayior, 111 Mo. 312; Vermillion v. Le Clare, 89 Mo. App. 55. (2). Letters of administration have no extra-territorial force.
Read the full summary
Appeal from St. Louis City Circuit Court.— Hon. II. D. Wood, Judge. (1) The authority of plaintiff, as public administrator, to administer the estate and to maintain this action, is not open to collateral attach; the probate court alone has jurisdiction-in a direct proceeding to question his power. Leeper v. Tayior, 111 Mo. 312; Vermillion v. Le Clare, 89 Mo. App. 55. (2). Letters of administration have no extra-territorial force. A New York administrator could not sue in our courts for the possession of the stock nor recover from defendant for conversion thereof. Lie would have no legal…
1Opinion of the CourtValliant, J.
The petition states that the plaintiff is the public administrator in the city of St. Louis, and that in that right he has taken charge of the estate of John C. De La Vergne, deceased, who at the time of his death was a resident of the State of New York; that De La Vergne in his lifetime, being the owner of 500 shares of stock in a New York corporation called the De La Vergne Befrigerating Machine Company, evidenced by two certificates for 250 shares each, delivered those certificates to the defendant Busch to indemnify him against his liability on a bond for $24,000 which he had signed as…
2Cases cited4 opinions
- Jellenik v. Huron Copper Mining Co.Supreme Court of the United States · 1900
- In re Partnership Estate of Henry Ames & Co.Supreme Court of Missouri · 1873
- Armour Bros. Banking Co. v. St. Louis National BankSupreme Court of Missouri · 1892
- Caffery v. Choctaw Coal & Mining Co.Missouri Court of Appeals · 1902
3Cited by31 opinions
- Holmes v. . CampNew York Court of Appeals · 1916
- Hayes v. St. Louis Union Trust Co.Supreme Court of Missouri · 1927
- Kennedy v. HodgesMassachusetts Supreme Judicial Court · 1913
- In Re DuganMissouri Court of Appeals · 1957
- Union Electric Co. v. MorrisSupreme Court of Missouri · 1949
26 more not listed; retrieve them via the Exa API.