State ex rel. Grover v. Fowler
Supreme Court of Missouri
Prohibition. (1) Prohibition is the proper remedy in this case. High. Ex. Rem., sec. 789 ; Fite v. Black, 11 S. É. Rep. 782; State v. Judge, etc., 24 La. 598; State v. Judge, etc., 21 La. 735; Gralle v. Grade, 81 Ya. 773. (2) An appeal lies from an order of the probate court appointing an administrator, and the appeal stays all further action by the probate court so far as the appointment is concerned, and so fa,r as the right of file probate court pending the appeal to act…
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Prohibition. (1) Prohibition is the proper remedy in this case. High. Ex. Rem., sec. 789 ; Fite v. Black, 11 S. É. Rep. 782; State v. Judge, etc., 24 La. 598; State v. Judge, etc., 21 La. 735; Gralle v. Grade, 81 Ya. 773. (2) An appeal lies from an order of the probate court appointing an administrator, and the appeal stays all further action by the probate court so far as the appointment is concerned, and so fa,r as the right of file probate court pending the appeal to act with or recognize the appointee is concerned. First. , The order and judgment of the probate court which was appealed…
1Opinion of the CourtBlack, J.
This is a proceeding in prohibition commenced in this court, based upon the following facts:
Mrs. Elizabeth Cockrell, a widow, died intestate leaving several children. Mrs. Grover, a widow, is a daughter, and Geo. J. Cockrell is a son, of the deceased. They each applied to the probate court of Clay county, for letters of administration upon the estate of their mother. Mrs. Grover also filed objections to the appointment of Cockrell. The probate court heard both applications -and the objections at the same time and after due consideration overruled the objectior s, refused the application of…
2Cases cited2 opinions
- Mullanphy v. St. Louis County CourtSupreme Court of Missouri · 1840
- Harney v. ScottSupreme Court of Missouri · 1859
3Cited by27 opinions
- Lucitt v. Estate of TooheySupreme Court of Missouri · 1936
- Estate of SeabaughMissouri Court of Appeals · 1983
- State Ex Rel. Reis v. NangleMissouri Court of Appeals · 1961
- State ex rel. Abercrombie v. HoltcampSupreme Court of Missouri · 1916
- Flick v. SchenkSupreme Court of Missouri · 1908
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