Phillips v. Russell's Administrator
Supreme Court of Missouri
Appeal from New Madrid, Circuit Court. This was an application to the county court of New Madrid county for the allowance of a demand against the estate of Charles H. Russell, deceased. The following notice was given to the administrator : “ State of Missouri, county of New Madrid.
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Appeal from New Madrid, Circuit Court. This was an application to the county court of New Madrid county for the allowance of a demand against the estate of Charles H. Russell, deceased. The following notice was given to the administrator : “ State of Missouri, county of New Madrid. To Mr. John Jackson, administrator of the estate of Charles H. Russell, deceased (and who was late of said county and state) : You will please take notice that I have a demand due and owing to me by and against the estate of the said deceased, amounting to in about the sum of two hundred and fifty dollars, for…
1Opinion of the Court
Scott, Judge,
delivered tbe opinion of tbe court.
We see no ground for dismissing this cause in the court below. If it was dismissed because tbe notice was to tbe first day of tbe term, and tbe cause was not taken up until tbe next day, tbe order of dismissal was erroneous. It appears that both parties were present when the cause was heard in the county court, and there was a judgment for tbe plaintiff. Tbe cause not being presented tbe first day, it would stand continued from day to day until it was beard. It was in tbe power of the defendant, by an application to tbe court, to have relieved…
2Cited by1 opinion
- Rozier v. GriffithSupreme Court of Missouri · 1860