Sublett v. Nelson
Supreme Court of Missouri
Error to Marion Circuit Court. I. County courts áre required to bear and determine demands against decedents’ estates in a summary way, without the form of pleadings (§ 18, p. 155, R. C. 3 855) ; and the Circuit Court, in the trial of such cases on appeal, is governed by the same rules of evidence and procedure as those governing the County Court.
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Error to Marion Circuit Court. I. County courts áre required to bear and determine demands against decedents’ estates in a summary way, without the form of pleadings (§ 18, p. 155, R. C. 3 855) ; and the Circuit Court, in the trial of such cases on appeal, is governed by the same rules of evidence and procedure as those governing the County Court. In such cases the decision, as well in the one court as the other, is upon the case made by the evidence, and not upon that made by the complaint. II. Actions founded on judgments rendered in this State are not-barred by the provisions of the…
1Opinion of the CourtWagner, Judge
This was a proceeding originally commenced in the Marion County Court to have a.demand allowed and classed against the estate of the defendant intestate. The demand was founded on a judgment rendered before a justice of the peace in favor of the plaintiff and one C. R. Magee, who wore co-partners at the time the judgment was obtained ; but, before the presentation of the demand for allowance and classification in the County Court, Magee sold, transferred and assigned his share in the judgment to the plaintiff, who was the sole and exclusive owner thereof. The complaint *488filed in the County…
2Cases cited2 opinions
- Humphreys v. LundySupreme Court of Missouri · 1866
- Manning v. HoganSupreme Court of Missouri · 1858
3Cited by6 opinions
- Meffert v. LawsonSupreme Court of Missouri · 1926
- Chariton National Bank v. WhicherSupreme Court of Iowa · 1914
- Corby v. TracySupreme Court of Missouri · 1876
- Coomes v. MooreSupreme Court of Missouri · 1874
- Pears v. GoffSupreme Court of Missouri · 1882
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