Legal Opinion

State ex rel. Piles v. Richardson

Missouri Court of Appeals

Decided March 19, 1888Published

Appeal from Chariton Circuit Court, How. Gh I). Burgess, Judge. The case is stated in the opinion. I. The paper purporting to be a certified copy of an “annual exhibit,” should have been excluded. (a) There is no evidence that the original was ever filed or passed upon by the probate court; while the paper itself bears no indicia of its purported character, save a mere certificate that it is “taken from the records.”

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Appeal from Chariton Circuit Court, How. Gh I). Burgess, Judge. The case is stated in the opinion. I. The paper purporting to be a certified copy of an “annual exhibit,” should have been excluded. (a) There is no evidence that the original was ever filed or passed upon by the probate court; while the paper itself bears no indicia of its purported character, save a mere certificate that it is “taken from the records.” There must be something to show how and when and by what authority the original came to be among those records, before a copy is competent under the statute.. Rev.. Stat., 1879,…

1Opinion

On rehearing.

Ellison, J.

A rehearing was granted in this cause that we might consider the suggestion of counsel, that that portion of the opinion holding that, when a balance was shown to be due the ward, it threw the onus on the guardian to show he had paid or discharged, was in conflict with the case of Renfro, Adm’r, v. Price, 17 Mo. 431, which had not been called to our attention. Since granting the rehearing, the case of State ex rel. v. Weaver, 92 Mo. 673, has been published, which fully sustains the position taken by us. That case, like this, was against the guardian’s sureties, and the…

2Cases cited2 opinions

  1. State ex rel. Weaver v. WeaverSupreme Court of Missouri · 1887
  2. State ex rel. Renfro's Administrators v. PriceSupreme Court of Missouri · 1853

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