Legal Opinion

In re the Estate of Whitson

Supreme Court of Missouri

Decided April 15, 1886PublishedCited by 8 opinions

Appeal from Franklin Circuit Court. — Hon. A. J» Beat, Judge. Neither the probate court nor the circuit court had authority to pass upon the merits of the case after the motion for change of venue was presented. R. S., sec. 3730 ; Stale n. Lack, 58 Mo. 502 ; Gale v. Miche, 47 Mo. 328; R. S., sec. 3729; Corpenny v. City of Sedalia, 57 Mo. 88.

1Opinion of the CourtNorton, J.

This cause was tried in the circuit court of Franklin county on an appeal from a judgment of the probate court of said county, approving report of T. A. Lowe, administrator de bonis non of the estate of. John Whitson, deceased, of the sale of real estate for the payment of debts against said estate.

The circuit court on a trial de novo rendered judgment approving and confirming said report, and from this judgment an appeal is presented to this court, and we are asked to reverse the judgment on the alleged ground that neither the probate court nor circuit court had jurisdiction to pass upon the…

2Cases cited4 opinions

  1. State v. DanielsSupreme Court of Missouri · 1877
  2. Colvin v. SixSupreme Court of Missouri · 1883
  3. Huthsing v. MausSupreme Court of Missouri · 1865
  4. Smith v. GuerantSupreme Court of Missouri · 1874

3Cited by8 opinions

  1. State v. NolandSupreme Court of Missouri · 1892
  2. Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
  3. St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1893
  4. Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1893
  5. Lynch v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907

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