Bostick v. McIntosh
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. O. A. Lucas, Judge. (1) This ease is based upon Sections 1916, 1917, 1918, 1919 and 1921, Revised Statutes 1909. These sections state fully the steps necessary to revive a case after the death of a party.
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Appeal from Jackson Circuit Court. — Hon. O. A. Lucas, Judge. (1) This ease is based upon Sections 1916, 1917, 1918, 1919 and 1921, Revised Statutes 1909. These sections state fully the steps necessary to revive a case after the death of a party. There seems to be no controversy but what the death of defendant was suggested in due time and notice given to take up the motion for disposition and the final order of the court made on April 12,1915. It does seem that after , Judge Creel, who is now dead, and had charge of this case, took the preliminary steps and suggested the death of defendant,…
1Opinion of the Court
RAILEY, C.
It appears from the abstract of record that plaintiff: sued defendant in the Circuit Court of Jackson County, on August 27, 1914, to recover $10,000 damages, but we are not advised as to the nature of the transactions between said parties, as only a small portion of the petition is set out in the record.
"While the action was pending against defendant, and on April 8, 1915, plaintiff filed in said cause a statement in writing, advising the court that defendant had died in'December, 1914; that Marion N. McIntosh, defendant’s wife, was executrix of his estate, in process of…
2Cases cited6 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Blodgett v. SchafferSupreme Court of Missouri · 1888
- Beardslee v. MorgnerSupreme Court of Missouri · 1880
- Prior v. KisoSupreme Court of Missouri · 1888
- Morris v. LaneMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Campbell v. St. Louis Union Trust Co.Supreme Court of Missouri · 1940
- Bruun v. Katz Drug Company, Inc.Supreme Court of Missouri · 1943
- Dehatre v. RuenpohlSupreme Court of Missouri · 1937
- State Ex Rel. Fidelity National Bank & Trust Co. v. BuzardSupreme Court of Missouri · 1943
- State Ex Rel. Meda Porter v. FalkenhainerSupreme Court of Missouri · 1928