State ex rel. Shields v. Flynn
Supreme Court of Missouri
Error to Second District Court. I. Plaintiff in his petition does not bring himself within the provisions of sections 46-8, p. 77, of Wagner’s Statutes. He does not aver that French’s legal representatives were ever cited by the County Court to mate “final settlement” of money, property, etc., of the estate of Wishart.
Read the full summary
Error to Second District Court. I. Plaintiff in his petition does not bring himself within the provisions of sections 46-8, p. 77, of Wagner’s Statutes. He does not aver that French’s legal representatives were ever cited by the County Court to mate “final settlement” of money, property, etc., of the estate of Wishart. (Gamble v. Hamilton, 7 Mo. 469 ; State, to use of Darland, etc., v. Porter, 9 Mo. 856 ) There the alleged delinquent failed to comply with an order of the County Court duly served upon him — not, as in this case, an order “ duly entered of record” only. H. The plaifitiff avers…
1Opinion of the CourtWagNER, Judge
This was an action against the defendant as surety on an administrator’s bond. From the record it appears that in March, 1867, George R. French was appointed public administrator of Washington county; that he executed his bond in the sum of $10,000, in the usual form, with defendant as one of the sureties. In September of the same year, as public administrator, he took charge of the estate of Margaret Ann Wishart, and proceeded to administer upon it. French died in 1868 without having finished the administration of Wfshart’s estate, and 'Shields was elected his successor and was ordered to…
2Cases cited6 opinions
- State ex rel. Midgett v. MatsonSupreme Court of Missouri · 1869
- Oldham v. TrimbleSupreme Court of Missouri · 1851
- Berry v. St. Francois CountySupreme Court of Missouri · 1845
- State ex rel. Adams v. CampbellSupreme Court of Missouri · 1847
- State ex rel. Renfro's Administrators v. PriceSupreme Court of Missouri · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Hill v. Superior CourtCalifornia Supreme Court · 1940
- Adams v. PetrainOregon Supreme Court · 1884
- State ex rel. Public Admr. v. LankfordSupreme Court of Missouri · 1874