Gibson v. Vaughan
Supreme Court of Missouri
Appeal from Christian County Circuit Court. I. In presenting a judgment for allowance against an estate. the same notice to the administrator is required as in the presentation of other demands, and if it be not given or waived, the allowance is illegal and void. (Bryan vs. Mvmdy, II Mo.. 459 ; see also, Brooks vs. Duckworth, 59 Mo., 50.) II.
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Appeal from Christian County Circuit Court. I. In presenting a judgment for allowance against an estate. the same notice to the administrator is required as in the presentation of other demands, and if it be not given or waived, the allowance is illegal and void. (Bryan vs. Mvmdy, II Mo.. 459 ; see also, Brooks vs. Duckworth, 59 Mo., 50.) II. Where the original judgment has been destroyed, a copy supplied by the court in which it was rendered, should be filed in the probate court, showing the loss or destruction, and it should be treated as an ordinary claim. (Wagn. Sfat., 102, § 8;…
1Opinion of the CourtSherwood, Judge
Gibson recovered judgment against Rawing in the Christian circuit court. After the rendition of the judgment, Rawing died and the circuit court records were destroyed by fire. On the records of the Christian probate court, thei-e is an entry in a cause entitled as above, as follows: “Now at this day comes the plaintiff in this cause and files his petition, verified by affidavit, stating that in the lifetime of the defendant he obtained a judgment for the sum of one hundred and eighty-dollars and fifty-five cents, and that the same nor any part thereof has not been paid ; and the court orders…
2Cases cited4 opinions
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- State v. MetzgerSupreme Court of Missouri · 1857
- Bersch v. SchneiderSupreme Court of Missouri · 1858
- City of Carondelet v. Desnoyer's AdministratorSupreme Court of Missouri · 1858
3Cited by11 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Burnett v. McClueySupreme Court of Missouri · 1883
- McFaul v. HaleySupreme Court of Missouri · 1901
- Wernse v. McPikeSupreme Court of Missouri · 1890
- In re the Estate of BominoSupreme Court of Missouri · 1884
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