Legal Opinion

Oldham v. Trimble

Supreme Court of Missouri

Decided October 15, 1851PublishedCited by 11 opinions

APPEAL from Monroe Circuit Court, sitting in ohancery. Rely upon the following points: 1. That the chancellor had no jurisdiction of the case, the remedy at law being perfect and of daily use. 2. The court had no power to disturb the settlements of the county court. 3. If the court had jurisdiction of the subject matter as to Oldham, there was certainly no propriety in rendering any decree against Broaddus who was not a trustee, and whose undertaking was merely collateral to…

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APPEAL from Monroe Circuit Court, sitting in ohancery. Rely upon the following points: 1. That the chancellor had no jurisdiction of the case, the remedy at law being perfect and of daily use. 2. The court had no power to disturb the settlements of the county court. 3. If the court had jurisdiction of the subject matter as to Oldham, there was certainly no propriety in rendering any decree against Broaddus who was not a trustee, and whose undertaking was merely collateral to that of the trustee, Oldham. 4. The testimony shows that the ward was, on a fair account taken, indebted to her…

1Opinion of the CourtScott, J.

This was a bill in chancery filed in February, 1848, by John A. Trimble and Elizabeth his wife, against the appellants. The bill substantially charges, that the said Elizabeth, whose maiden name was Reid, in the year 1839 or 1840, was a minor, residing with her friends in Kentucky; that she possessed about $200 which was in the hands of her guardian. Unwilling to diminish her small patrimony, her friends, charged her little or nothing for board; that about this time A. P. Old-ham, a relation of hers and a resident of Monroe county in this State, came to Kentucky and proposed to her to.go home…

2Cases cited2 opinions

  1. Martin v. GreeneSupreme Court of Missouri · 1847
  2. Swan v. HydeSupreme Court of Missouri · 1846

3Cited by11 opinions

  1. State ex rel. Johnson v. WithrowSupreme Court of Missouri · 1891
  2. State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
  3. Nelson v. BarnettSupreme Court of Missouri · 1894
  4. State ex rel. Garesché v. SlevinSupreme Court of Missouri · 1887
  5. State of Missouri ex rel. Stormfeltz v. Title Guaranty & Surety Co.Court of Appeals for the Eighth Circuit · 1934

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