Richardson v. Palmer
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This is an action to recover from the defendants, as-administrators, money, by way of damages, growing out. of the alleged fraudulent misrepresentations of defendants, in the sale of a bull* sold at public auction,' at an. administrator’s sale. The facts are, briefly, that Launcelot Palmer died intestate, in Audrain county, in 1883, possessed of a herd of fine cattle.
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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This is an action to recover from the defendants, as-administrators, money, by way of damages, growing out. of the alleged fraudulent misrepresentations of defendants, in the sale of a bull* sold at public auction,' at an. administrator’s sale. The facts are, briefly, that Launcelot Palmer died intestate, in Audrain county, in 1883, possessed of a herd of fine cattle. Among these was a bull, of thorough breeding, which had been exhibited at the various fairs over the country, and had taken a number…
1Opinion of the CourtPhilips, P. J.
I. It is objected that the circuit court had no jurisdiction of this action, as, by the constitution, section 34, article 6, exclusive jurisdiction over the subject matter is vested in the courts of probate.. The language of the organic act relied on is, that: “Said court shall have jurisdiction over all matters pertaining to probabe business.”
It had, long prior to the adoption of this constituí tion, been recognized in practice and by statute, as of the customary jurisdiction of the circuit courts to enter*488tain suits against administrators for the establishment, in the first instance, of…
2Cases cited15 opinions
- Eustace v. JahnsCalifornia Supreme Court · 1869
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Dunn v. WhiteSupreme Court of Missouri · 1876
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- State ex rel. Attorney General v. SeaySupreme Court of Missouri · 1876
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
- Matson v. PearsonMissouri Court of Appeals · 1906
- Barnett v. SchumacherSupreme Court of Missouri · 1970
- Linn County Bank v. CliftonSupreme Court of Missouri · 1914
- Smith v. BoydSupreme Court of Missouri · 1901
16 more not listed; retrieve them via the Exa API.