State ex rel. Moore v. Price
Supreme Court of Missouri
Appeal from Cole Circuit Court. This was an action brought by Moore & Moore, alleging that they were administrators de bonis non of Jesse Renfro, deceased, against Price & Lusk, as securities in the bond of William Martin, the prior administrator. At the trial, the plaintiffs offered in evidence letters of administration, which, on their face, purported to be general.
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Appeal from Cole Circuit Court. This was an action brought by Moore & Moore, alleging that they were administrators de bonis non of Jesse Renfro, deceased, against Price & Lusk, as securities in the bond of William Martin, the prior administrator. At the trial, the plaintiffs offered in evidence letters of administration, which, on their face, purported to be general. The plaintiffs read in evidence, from tbe record of tbe county court, tbe order appointing them administrators de bonis non. To the admission of this evidence, tbe defendants excepted, and after ,a judgment against them,…
1Opinion of the CourtLeonard, Judge
The only point relied upon in argument for tbe reversal of "this judgment, is tbe alleged variance between tbe allegation and the proof, in reference to tbe representative character of Moore & Moore, for whose use tbe suit is brought. Tbe allegation is, that they are tbe administrators de bonis non of Jesse Renfro, deceased, and their letters, given in evidence, are general, constituting them administrators of the deceased, without any limitation as to tbe effects to be administered. Martin was tbe original administrator, and, of course, tbe subsequent grant of a general administration could…
2Cases cited2 opinions
- Carpenter v. StateSupreme Court of Missouri · 1843
- Lane v. ClarkSupreme Court of Missouri · 1826
3Cited by4 opinions
- Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Denver, South Park & Pacific Railway Co. v. WoodwardSupreme Court of Colorado · 1877
- Bull v. BalNew Mexico Supreme Court · 1913
- Gilmore v. MorrisMissouri Court of Appeals · 1882