Berkshire v. Hover
Missouri Court of Appeals
Appeal from the Gass Circuit Court. — Mon. W. W. Wood, Judge. (1) The probate court had jurisdiction to do what it did, its judgment was conclusive, and not appealed from. Section 5329, E. S. 1889; 9 Am. and Eng.
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Appeal from the Gass Circuit Court. — Mon. W. W. Wood, Judge. (1) The probate court had jurisdiction to do what it did, its judgment was conclusive, and not appealed from. Section 5329, E. S. 1889; 9 Am. and Eng. Ency. of Pldg. & Prac., 958, 959, note 3; Woemer’s Guardianship, pp. 328, 361; Ooleman v. Parrar, 112 Mo. 11, 72; Judge v. Irish, 31 Me. 254; Eobert v. Shultz, 45 Texas 184. Observe the present statutes is quite different from that of 1865, under which Mead v. Bakewell, 8 Mo. App. 549, and Thornton v. Hoster, 61 Mo. 544 were rendered. (2) Plaintiff by his conduct by asking for,…
1Opinion of the CourtEllison, J.
Defendant, on September 11, 1893, was duly appointed guardian of the person and curator of the estate of plaintiff, who was then a minor.
Afterwards, in 1895, plaintiff became of age; and after-wards on May 25, 1898, he filed his application in the probate court to require defendant to make final settlement of the estate and to pay over to him what might be found due. On trial in the probate court, the finding was for defendant and plaintiff appealed to the circuit court, where defendant con*437tended that lie had made final settlement, and had paid to plaintiff the snm found due him on such…
2Cases cited2 opinions
- State ex rel. Thornton v. HosterSupreme Court of Missouri · 1876
- Mead v. BakewellMissouri Court of Appeals · 1880
3Cited by2 opinions
- May v. MaySupreme Court of Missouri · 1905
- Berkshire v. HooverMissouri Court of Appeals · 1902