Padgett v. Smith
Supreme Court of Missouri
Appeal from Schuyler Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) It is apparent on the record, and undisputed, that Geo. W. Davis, who assumed to bring this action for the infant respondent, was not the curator of his estate, had never qualified or given bond as such or in any other capacity, and the court by its order of record so finds. Hence, Davis had no right to represent the infant or bring suit for him or to in any way meddle with the infant’s property rights.
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Appeal from Schuyler Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) It is apparent on the record, and undisputed, that Geo. W. Davis, who assumed to bring this action for the infant respondent, was not the curator of his estate, had never qualified or given bond as such or in any other capacity, and the court by its order of record so finds. Hence, Davis had no right to represent the infant or bring suit for him or to in any way meddle with the infant’s property rights. Neither his position as grandfather nor as “guardian of the person” (for which he had not qualified1) gave him any such…
1Opinion of the CourtLamm, J.
This case is twin to that between the same parties, just disposed of. [Padgett v. Smith, 205 Mo. 122.]
On March 24,1905, there was lodged here the final judgment in the above-entitled 'cause, with an. order granting an appeal. As said in the former case, the final judgment was rendered on the fifteenth day of November, 1904; while the interlocutory judgment in partition, the basis of the former appeal as well as writ of error, was rendered on the tenth day of November, 1903. After our mandate affirming that judg-. ment went down, the commissioners appointed to make partition duly qualified and…
2Cases cited7 opinions
- Aull v. DaySupreme Court of Missouri · 1896
- Padgett v. SmithSupreme Court of Missouri · 1907
- Jones v. SteeleSupreme Court of Missouri · 1865
- Ess v. GriffithSupreme Court of Missouri · 1895
- Holton v. TownerSupreme Court of Missouri · 1884
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3Cited by18 opinions
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- Thorp v. DanielSupreme Court of Missouri · 1936
- Joe Dan Market v. WentzSupreme Court of Missouri · 1929
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