Mitchell v. Williams
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. I. When county courts malee allowances to guardians, these adjudications are conclusive unless attacked and set aside in a proper proceeding on the ground of fraud in obtaining them. No fraud was shown or found in this case. The statute of limitations also is a bar to the present proceedings. The cause of action, if any, accrued more than five years previous to the commencement of this suit. The finding is defective on this point.
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Appeal from Jefferson Circuit Court. I. When county courts malee allowances to guardians, these adjudications are conclusive unless attacked and set aside in a proper proceeding on the ground of fraud in obtaining them. No fraud was shown or found in this case. The statute of limitations also is a bar to the present proceedings. The cause of action, if any, accrued more than five years previous to the commencement of this suit. The finding is defective on this point. (Jones v. Brinker, 20 Mo. 87 ; 20 Mo. 530.) I. The facts are admitted to be correctly found ; there was no motion of review as…
1Opinion of the CourtRichardson, Judge
The petition states that the defendant was appointed in 1838 guardian of the person and property of the plaintiff, and executed a bond conditioned for the faithful discharge of his duty. It alleges that he did not faithfully perform the duties of his office, and proceeds to assign many breaches, which are chiefly that he fraudulently made false charges against the plaintiff, and fraudulently omitted to make proper charges against himself in his settlements with the county court. The defendant denied every allegation of fraud and insisted that his settlements were conclusive on the plaintiff.…
2Cases cited3 opinions
- Jones v. BrinkerSupreme Court of Missouri · 1854
- State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
- Sickles v. McManusSupreme Court of Missouri · 1857
3Cited by10 opinions
- Picot v. O'FallonSupreme Court of Missouri · 1864
- Sheetz v. KirtleySupreme Court of Missouri · 1876
- Lewis v. WilliamsSupreme Court of Missouri · 1873
- In re the Estate of DoaneWashington Supreme Court · 1911
- State v. DrurySupreme Court of Missouri · 1865
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