Bosard v. Powell
Missouri Court of Appeals
Appeal from the Montgomery Circuit Court. — Hon. Elliott M. Hughes, Judge. The appellant ignores his written agreement to transfer the ease from the probate court to the circuit court, and his consent to the jurisdiction of the circuit court in making his point on lack of jurisdiction. In making this point, he undertakes to repudiate his written agreement.
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Appeal from the Montgomery Circuit Court. — Hon. Elliott M. Hughes, Judge. The appellant ignores his written agreement to transfer the ease from the probate court to the circuit court, and his consent to the jurisdiction of the circuit court in making his point on lack of jurisdiction. In making this point, he undertakes to repudiate his written agreement. The certificate of the probate judge also bases the transfer on the fact that he is a witness in the case, which brings the removal within the provisions of section 3403, Eevised Statutes 1889, for the transfer of causes from probate courts…
1Opinion of the CourtBond, J.
Plaintiff filed an account in the probate court of Montgomery county for a balance of $1,249.70 against the estate of his father in the hands of the defendant as administrator. .By written stipulation of the parties the •cause was transferred to the circuit court of that county, where the defendant administrator filed an answer of general denial, •setting up a counterclaim and pleading another suit involving the same issues. The reply was a general denial. The question as to the pendency of another suit seems to have been submitted to the court for decision before the submission of the other…
2Cases cited5 opinions
- Erhart v. DietrichSupreme Court of Missouri · 1893
- Koch v. HebelMissouri Court of Appeals · 1888
- Ronsiek v. Boverschmidt's AdministratorMissouri Court of Appeals · 1895
- Ramsey v. HicksMissouri Court of Appeals · 1893
- Levitt v. MillerMissouri Court of Appeals · 1895
3Cited by3 opinions
- Ashley v. WilliamsSupreme Court of Missouri · 1955
- Birch v. BirchMissouri Court of Appeals · 1905
- Mabary v. MabaryMissouri Court of Appeals · 1913