Henry v. State ex rel. Russell
Supreme Court of Missouri
ERROR to Polk Circuit Court. To reverse the judgment of the circuit court in this case, the plaintiffs here rely on the following points. 1. There is a material variance between the bond read in evidence, and the bond as described in the declaration. 1st, as to the date of it; 2d, as to the recital that Henry had been appointed administrator; and 3d, it was described in the declaration, as one approved by the county court, and there was no such approval, except the…
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ERROR to Polk Circuit Court. To reverse the judgment of the circuit court in this case, the plaintiffs here rely on the following points. 1. There is a material variance between the bond read in evidence, and the bond as described in the declaration. 1st, as to the date of it; 2d, as to the recital that Henry had been appointed administrator; and 3d, it was described in the declaration, as one approved by the county court, and there was no such approval, except the certificate of one of the judges, which was no evidence of that fact. 2, The 4th plea alleges that at the time the administrator…
1Opinion of the CourtNapton, J.
This was an action of debt brought in the name of the State, for the benefit of James C. Russell, by his guardian John Jump, against the admininistrator of the estate of Henry A. li. Russell, deceased and his securities.
The breach assigned is, that three years had elapsed since the date of letters of administration, and that upon final settlement with the county court of Polk county, there remained in the hands of the administrator for distribution the sum of $441 05, which the county court ordered to be paid to the distriubutees, and that the administrator had failed and refused to pay over…
2Cited by5 opinions
- Gordon v. EansSupreme Court of Missouri · 1888
- Jarnigan v. FlemingMississippi Supreme Court · 1871
- State ex rel. Welch v. MorrisonSupreme Court of Missouri · 1912
- Rickley v. StateNebraska Supreme Court · 1902
- State ex rel. Cunningham v. CarrollMissouri Court of Appeals · 1878