Ensworth v. Curd
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. J. P. Grubb, Judge. The question of the jurisdiction of the court over the subject matter may be raised at any stage of the proceedings. Hannibal, §c., R. R. Co. v. Mahoney, 42 Mo. 467 ; State v. Lawrence, 45 Mo. 543. The jurisdiction vested in probate courts is exclusive. Dodson, Admr., v.- Scruggs, Admr., 47 Mo. 285; Cones v. Ward, Admr., 47 Mo. 289; Titterington, Admr., v. Hooker, 58 Mo. 593; Pearce v. Calhoun, 59 Mo. 271.
1Opinion of the CourtHough, J.
This suit was instituted in the circuit court of Buchanan county, and the petition alleges that the plaintiff and the intestate, Bassett, were, iu the life-time of the latter, engaged as partners in the purchase and sale of real estate. An account is stated by the plaintiff of the various sums of money paid out and received by Bassett and. himself respectively, in the purchase and sale of real property and on other accounts, (incident thereto during the existence of the co-partnership,) and the plaintiff asks for an adjustment of said accounts, and that certain real property to which Bassett…
2Cases cited8 opinions
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- Titterington v. HookerSupreme Court of Missouri · 1875
- Pearce v. CalhounSupreme Court of Missouri · 1875
- Dodson v. ScroggsSupreme Court of Missouri · 1871
- Cones v. WardSupreme Court of Missouri · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
- State ex rel. Tolerton v. GordonSupreme Court of Missouri · 1911
- Hammons v. RenfrowSupreme Court of Missouri · 1884
- State Ex Rel. Smith v. BrownSupreme Court of Oklahoma · 1909
- Estate of Meeker v. SwiftMissouri Court of Appeals · 1891
12 more not listed; retrieve them via the Exa API.