Legal Opinion

Stetina v. Bergstein

Missouri Court of Appeals

Decided May 4, 1920PublishedCited by 3 opinions

Appeal from the Circuit Court of the City of St. Louis. —Hon. Victor H. Falkenhamer, Judge. • (1) In the probate • court a petition is sufficient if it discloses the nature of the claim and informs the executor what he is called upon to meet. Rassieur v. Zimmer, 248 Mr. 181; Hinshaw v. Raines, 185 S. W. 1192; Christianson v. McDermott, Estate, 123 Mo. App. 448. (2) The law does not permit a litigant to assume inconsistent positions in court.

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Appeal from the Circuit Court of the City of St. Louis. —Hon. Victor H. Falkenhamer, Judge. • (1) In the probate • court a petition is sufficient if it discloses the nature of the claim and informs the executor what he is called upon to meet. Rassieur v. Zimmer, 248 Mr. 181; Hinshaw v. Raines, 185 S. W. 1192; Christianson v. McDermott, Estate, 123 Mo. App. 448. (2) The law does not permit a litigant to assume inconsistent positions in court. Bensieck v. Cook, 110 Mo. 182. (3) When a litigant assumes a position inconsistent with a former; position the former position is thereby abandoned.…

1Opinion of the Court

Plaintiff had judgment in the circuit court for $700, based on the following statement of account originally filed as a claim in the probate court, where she likewise had judgment:

St. Louis, Mo., May 23, 1916. To Charles Bergstein, Administrator of the Estate of Kathrine Zacek, deceased. To Lillian Stetina, formerly Lillian Rezney, Dr. To money loaned and advanced Kathrine Zacek under a continuous open account in various sums and amounts at various times between November 1, 1909, and July 6, 1915, ............................. $1900.00 Credits. By money repaid by said Kathrine Zacek in…

2Cases cited3 opinions

  1. Zeideman v. MolaskyMissouri Court of Appeals · 1906
  2. Johnson v. Smith's AdministratorSupreme Court of Missouri · 1859
  3. Ewing v. ParrishMissouri Court of Appeals · 1910

3Cited by3 opinions

  1. Van Orden v. AndersonCalifornia Court of Appeal · 1932
  2. Phillips Ex Rel. Phillips v. Savings Trust Co. of St. LouisMissouri Court of Appeals · 1935
  3. Skelly v. the MacCabeesMissouri Court of Appeals · 1925

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