State ex rel. Richardson v. James
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — IIon. Joseph Cravens, Judge. (1) The sureties are not responsible for a default of the executor made prior to the date of the bond. ■ (2) The suit and judgment in 1878 are a bar to the present action. R. S. § 581. (3) The settlement made by James, May 29th, 1876, is conclusive that he did not have in his hands $2,-523.95 as per order of the court.
Read the full summary
Appeal from Jasper Circuit Court. — IIon. Joseph Cravens, Judge. (1) The sureties are not responsible for a default of the executor made prior to the date of the bond. ■ (2) The suit and judgment in 1878 are a bar to the present action. R. S. § 581. (3) The settlement made by James, May 29th, 1876, is conclusive that he did not have in his hands $2,-523.95 as per order of the court. (4) The court had no power to make the order directing the administrator to pay to respondent $2,523.94. The order is not in conformity to R. S. §§ 233, 234, and was made without notice to the administrator. The…
1Opinion of the CourtRay, J.
The agreed abstract of the record in this cause is as follows, to-wit:
“ In the year 1859 Susannah Richardson died and Elwood B. James became the execulor of the last will and testament of deceased. Afterwards, in the year 1860, Elwood B. James died testate, and D. S. Holman, W. G. Bulgin and M. M. James became his executors, and entered into a joint bond as such executors, and proceeded to exe*512cute said trust. On the 12th day of July, 1867, the county court of Jasper county, on a settlement between respondent and the executors of ElwoodB. James, deceased, found by its order, entered of record,…
2Cases cited10 opinions
- Hardin v. LeeSupreme Court of Missouri · 1873
- Allen v. SalesSupreme Court of Missouri · 1874
- State ex rel. Rucker v. RuckerSupreme Court of Missouri · 1875
- Dix v. MorrisSupreme Court of Missouri · 1877
- State ex rel. Frost v. CreusbauerSupreme Court of Missouri · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Swayze v. BrideMissouri Court of Appeals · 1889
- Calhoun v. GrayMissouri Court of Appeals · 1910
- Smith v. ZimmermanMissouri Court of Appeals · 1892
- LaFayette Mutual Building Ass'n v. KleinhofferMissouri Court of Appeals · 1890
8 more not listed; retrieve them via the Exa API.