State ex rel. Longdon v. Shelby
Supreme Court of Missouri
Error to Lafayette Circuit Court. — Hon. William T. Wood, Judge. Tbis.was an action on an administrator’s bond. The petition as originally drawn was in the name of John G. Longdon as plaintiff. By leave of court the petition was amended by substituting as plaintiff “the State of Missouri upon the relation and to the use of John G. Long-don.”
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Error to Lafayette Circuit Court. — Hon. William T. Wood, Judge. Tbis.was an action on an administrator’s bond. The petition as originally drawn was in the name of John G. Longdon as plaintiff. By leave of court the petition was amended by substituting as plaintiff “the State of Missouri upon the relation and to the use of John G. Long-don.” The petition as amended alleged in substance the execution of a bond in the usual form by the defendant Thomas G. Shelby, as administrator of Wm. Shelby, and by the other defendants as his sureties; that there came into the hands of said administrator…
1Opinion of the Court
I
Sherwood, C. J.
The amendment to the petition, in the caption thereof, by substituting the words “ State upon relation and to use of Jno. Longdon, plaintiff',” instead of “John Longdon, plaintiff,” was properly admitted. Wellman v. Dismukes, 42 Mo. 104; State v. Sandusky, 46 Mo. 377; R. S. 1879, § 3567, and cases cited.
n.
Under the ruling of this court in State v. Modrell, 15 Mo. 421, there was no necessity for an order of the probate eourt for the payment of Longdon’s demand, as a condition precedent to bringing suit on the bond. It was sufficient to show assets ample in his hands to pay the…
2Cases cited6 opinions
- State ex rel. Moore v. SanduskySupreme Court of Missouri · 1870
- Dodson v. ScroggsSupreme Court of Missouri · 1871
- Wellman v. Dismukes & GlascockSupreme Court of Missouri · 1867
- State ex rel. Cowan v. ModrellSupreme Court of Missouri · 1852
- State ex rel. Hunter v. MaulsbySupreme Court of Missouri · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hackett v. Van FrankMissouri Court of Appeals · 1906
- B. F. Glover & Son Commission Co. v. Abilene Milling Co.Missouri Court of Appeals · 1909
- Smith v. St. Louis Union Trust Co.Supreme Court of Missouri · 1937
- Weber v. City of HannibalSupreme Court of Missouri · 1884