Miller v. Major
Supreme Court of Missouri
Appeal from Howard Circuit Court — Hon. G. H. Burckhartt, Judge. A final settlement is, in effect, equivalent to a judgment of a court of competent jurisdiction, and can only be set aside upon proof that the same was falsely and fraudulently obtained.
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Appeal from Howard Circuit Court — Hon. G. H. Burckhartt, Judge. A final settlement is, in effect, equivalent to a judgment of a court of competent jurisdiction, and can only be set aside upon proof that the same was falsely and fraudulently obtained. Jones v. Brinker, 20 Mo. 87; The State v. Boland, 23 Mo. 95; Whittlesey v. Dorsett, 23 Mo. 236; Mitchell v. Williams, 27 Mo. 399 ; Ficot v. Bates, 47 Mo. 390; Sullivan County v. Burgess, 37 Mo. 300; Lewis v. Williams, 54 Mo. 200 ; Sheetz v. Kirtley, 62 Mo. 417; Graham v. Linden, 50 N. Y. 547; Smith v. Hurd, 7 How. (Miss.) 188. The executor must…
1Opinion of the CourtNorton, J.
This is a suit instituted in the Howard county circuit court, for the purpose of setting aside the final settlement of Henry I. Yivion, executor of Martha Brown, deceased. It is alleged that said Yivion, in his fiual settlement of said estate, made in February, 1871, procured a credit of $218.20, adeged to have been paid to plaintiff and one 'Wilford Embrey, which sum .was due *248from said estate, to said plaintiff and said Embrey; that no part of said sum so credited and allowed to said Vivion at the time of the allowance had been paid; and that of said sum so credited one hundred and…
2Cases cited6 opinions
- Jones v. BrinkerSupreme Court of Missouri · 1854
- State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
- Lewis v. WilliamsSupreme Court of Missouri · 1873
- Picot v. BatesSupreme Court of Missouri · 1871
- Mitchell v. WilliamsSupreme Court of Missouri · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Smith v. SimsSupreme Court of Missouri · 1883
- In re the Estate of DoaneWashington Supreme Court · 1911
- Nelson v. BarnettSupreme Court of Missouri · 1894
- State ex rel. Pountain v. GraySupreme Court of Missouri · 1891
- Byerly v. DonlinSupreme Court of Missouri · 1880
5 more not listed; retrieve them via the Exa API.