Legal Opinion

State ex rel. Patterson v. Tittman

Missouri Court of Appeals

Decided May 9, 1893PublishedCited by 2 opinions

Appeal from the St. Louis City Circuit Cotvrt. — Hon. Jacob Klein, Judge. (1) The plea of the statute of limitations contained in the appellant’s amended answer should have been sustained. 1 Revised Statutes, 1889, secs. 183, 5329; Johnson v. Smith’s Adm’r, 27 Mo. 591; Coleman v. Willi, 46 Mo. 236; Stateexrel. v. Hoshaw, 86 Mo. 193; Bentv.

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Appeal from the St. Louis City Circuit Cotvrt. — Hon. Jacob Klein, Judge. (1) The plea of the statute of limitations contained in the appellant’s amended answer should have been sustained. 1 Revised Statutes, 1889, secs. 183, 5329; Johnson v. Smith’s Adm’r, 27 Mo. 591; Coleman v. Willi, 46 Mo. 236; Stateexrel. v. Hoshaw, 86 Mo. 193; Bentv. Priest, 86 Mo. 475; State v. Blake, 2 Ohio St. 147; Bridges v. Blake, 106 Ind. 332; Auchaumpaugh v. Schmidt, 70 Iowa, 642; Batcliff v. Leunig, 30 Ind. 289; Bonham v. The People, 102 111. 434; -Glass v. Woolf’s Adm’r, 82 Ala. 281; Mann v. Everts, 64 Wis.…

1Opinion of the CourtBiggs, J.

— Action on a guardian’s bond. The facts 'are undisputed. In December, 1874, John B. Johnson, curator of the estate of the relator (who was then a minor of about ten years of age), resigned his trust, and W. H. Horner, now deceased, was appointed in his stead by the probate court of the county of St. Louis. Horner accepted the trust, and he as principal, *493with the appellants, J. B. C. Lncas and William Lncas as his sureties, executed a bond conditioned that he would, “truly and faithfully discharge the duties of his office of curator according to law.”

A principal note of Phebe Hunt for $5,000,…

2Cases cited8 opinions

  1. Bond v. LockwoodIllinois Supreme Court · 1864
  2. Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
  3. Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
  4. Patterson v. BoothSupreme Court of Missouri · 1890
  5. Tenny's Adminstrator v. Lasley's AdministratorsSupreme Court of Missouri · 1883

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3Cited by2 opinions

  1. State ex rel. Patterson v. TittmannSupreme Court of Missouri · 1896
  2. State ex rel. Mount v. SmithMissouri Court of Appeals · 1909

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