Nichols v. Reyburn
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Section 92, of the Revised Statutes of 1889, provides that the administrator shall “ defend all suits Brought against him 5 ’ ’ and section 222 provides that “the court shall allow all reasonable charges for legal advice and services.”
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Section 92, of the Revised Statutes of 1889, provides that the administrator shall “ defend all suits Brought against him 5 ’ ’ and section 222 provides that “the court shall allow all reasonable charges for legal advice and services.” Had the administrator paid this expense of administration, it would have been allowed him as “costs.” 2 Woerner on Administration, sections 514 and 515; Gamble v. Gibson, 59 Mo. 585. The right to an allowance of an attorney’s fee, as costs, is given or created by sections 92 and…
1Opinion of the CourtRombauer, P. J.
The plaintiff’s petition states in substance the following facts: One Jeptha Simpson was appointed administrator of Joseph Brewster’s estate and served as such from October 12, 1886, the date of his qualification, until February 23, 1893, the date of his death. While Simpson was acting as such administrator, he employed the plaintiff, who is an attorney at law, to advise him in the matters of his administration and to defend him in all matters pertaining to the estate, and particularly in a suit brought by Ida May Healy and others, wherein the claimants sought to establish that they were the…
2Cases cited8 opinions
- Gamble v. GibsonSupreme Court of Missouri · 1875
- Bates v. RybergCalifornia Supreme Court · 1871
- State ex rel. Ziegenhein v. TittmannSupreme Court of Missouri · 1890
- Bates v. VarySupreme Court of Alabama · 1867
- Long v. RodmanIndiana Supreme Court · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Matson v. PearsonMissouri Court of Appeals · 1906
- Ingwerson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Young v. Boatmen's National BankSupreme Court of Missouri · 1943
- Linn County Bank v. CliftonSupreme Court of Missouri · 1914
- Silsby v. WickershamMissouri Court of Appeals · 1913
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