State ex rel. Tempel v. Garesche
Missouri Court of Appeals
Original Proceeding in Prohibition. (1) Probate courts in this State are vested with exclusive, original jurisdiction to settle the accounts of executors and administrators.
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Original Proceeding in Prohibition. (1) Probate courts in this State are vested with exclusive, original jurisdiction to settle the accounts of executors and administrators. Art. 6, sec.- 34, Const, of Mo.; Secs. 2292, 4056, R. S. 1909. (2) Circuit courts have no jurisdiction at law to allow attorney’s fees for services in behalf of an estate in the course of administration for the reason that the liability for such services are but expenses of administration and not such demands as may be established by a judgment at law in a circuit court. 2 Woerner on Administration, sec. 356, p. 819;…
1Opinion of the CourtAllen, J.
This is an original proceeding in prohibition. The relators, executrix and executor of the estate of Theodore H. Tempel, deceased, presented to one of the judges of this court, in vacation, a petition praying for a writ of prohibition against the respondent judge to prohibit him from further entertaining juris*459diction of a certain cause pending before him, wherein Thomas D. Cannon, Esq., attorney at law, is plaintiff, and these relators are defendants. A preliminary writ •was issued to which the respondent duly filed his return; and the cause has been argued and submitted to us as upon a…
2Cases cited9 opinions
- Gamble v. GibsonSupreme Court of Missouri · 1875
- Richardson v. PalmerMissouri Court of Appeals · 1887
- Matson v. PearsonMissouri Court of Appeals · 1906
- State ex rel. Ziegenhein v. TittmannSupreme Court of Missouri · 1890
- Nichols v. ReyburnMissouri Court of Appeals · 1893
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3Cited by5 opinions
- Young v. Boatmen's National BankSupreme Court of Missouri · 1943
- Hewitt v. DuncanMissouri Court of Appeals · 1930
- Barnes v. Boatmen's National BankSupreme Court of Missouri · 1947
- Kanawha Banking & Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1933
- Kanawha Banking & Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1933