State ex rel. Public Admr. v. Lankford
Supreme Court of Missouri
Error to Daviess Circuit Court. I. The annual settlements made by the administrator, were not judgments, and constituted no defense or impediment to a suit upon the bond, for breaches of its conditions.
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Error to Daviess Circuit Court. I. The annual settlements made by the administrator, were not judgments, and constituted no defense or impediment to a suit upon the bond, for breaches of its conditions. (Picot vs. Biddle’s Admr., 35 Mo., 35, and cases therein cited; State to use, etc. vs. Plynn,48 Mo., 413.) I. A person seeking to falsify the allowances and accounts of the settlements of administrators must petition the Circuit Court, as a court of law and equity, for that purpose. (Jones vs. Brinker, 20 Mo., 87; State to use, etc. vs. Boland, 23 Mo., 95.) II. Annual settlements of an…
1Opinion of the Court
Tories, Judge,
delivered tlie opinion of the court.
This action was brought by the administrator de bonis non of the estate of John C. Lankford, deceased, against the de-.fendant, one of the sureties on the administration bond of the former administrator. The petition is in the usual form, setting forth the administration on said estate by one Thomas J. Singleton, the execution of a bond by him as such admin-, istrator, and that defendant had executed the bond as surety ; that Singleton had since died, and that the relator had been duly appointed administrator de bonis non of said estate, &Ci…
2Cases cited7 opinions
- Jones v. BrinkerSupreme Court of Missouri · 1854
- Picot v. O'FallonSupreme Court of Missouri · 1864
- State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
- Oldham v. TrimbleSupreme Court of Missouri · 1851
- Baker v. SchoenemanSupreme Court of Missouri · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Goebel v. FosterMissouri Court of Appeals · 1880
- State ex rel. Wolf v. EngelkeMissouri Court of Appeals · 1878
- State Ex Rel. Bearden v. American Surety Co.Missouri Court of Appeals · 1937
- Barnes v. ReesMissouri Court of Appeals · 1891