State ex rel. Pinger v. Reynolds
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Ohesley A. Mosman, Judge. (1) Appellees seek to evade that statute by alleging, “That the said probate judge arbitrarily and without any evidence found that John P. Pinger was a nonresident minor.”
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. Ohesley A. Mosman, Judge. (1) Appellees seek to evade that statute by alleging, “That the said probate judge arbitrarily and without any evidence found that John P. Pinger was a nonresident minor.” But unfortunately for the appellee’s position, the judgment of the probate court finds that he was a non-resident, which carries absolute verity upon its face until set aside in a direct proceeding instituted for the purpose, and mandamus is not such a proceeding. Dixon v. Judge, 4 Mo. 286. The above case is on all-fours with the case at bar. County Court…
1Opinion of the CourtJohnson, J.
This is a mandamus proceeding originated in the circuit court of Buchanan county. The material facts alleged in the alternative writ in substance are as follows: The relators are minors, each over the age of fourteen years, and reside with their mother (who was appointed and appears as their next friend) at her domicile in Buchanan county. They own a valuable estate in that county as tenants in common and on and prior to the 13th day of May, 1905, Henry May was the curator of tlieir estate. On the date mentioned he resigned and his resignation was accepted by the probate court. At that time…
2Cases cited19 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Dunklin County v. District County Court of Dunklin CountySupreme Court of Missouri · 1856
- State v. DanielsSupreme Court of Missouri · 1877
- State ex rel. Grover v. FowlerSupreme Court of Missouri · 1891
- Lacy v. WilliamsSupreme Court of Missouri · 1858
14 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Estate of SeabaughMissouri Court of Appeals · 1983
- State ex rel. Abercrombie v. HoltcampSupreme Court of Missouri · 1916
- Flick v. SchenkSupreme Court of Missouri · 1908
- State Ex Rel. Wilkinson v. EdwardsSupreme Court of Missouri · 1924
- Estate of Brinckwirth v. TrollSupreme Court of Missouri · 1916
4 more not listed; retrieve them via the Exa API.