In re Estate of Rooney
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Echvin W. Lee, Judge. (1) • The appeal was properly allowed under the provisions of section 289, Revised Statutes 19091. (2) The jurisdiction of the circuit court to entertain the appeal herein is conclusively established by section 3956, subdivision 4, Revised Statutes 1909. The appellate jurisdiction of circuit courts is not derived from section 3956, Revised Statutes 1909. Kenrick v. Cole, 46 Mo. 85; 2 Woerner on…
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Appeal from St. Louis City Circuit Court. — Hon. Echvin W. Lee, Judge. (1) • The appeal was properly allowed under the provisions of section 289, Revised Statutes 19091. (2) The jurisdiction of the circuit court to entertain the appeal herein is conclusively established by section 3956, subdivision 4, Revised Statutes 1909. The appellate jurisdiction of circuit courts is not derived from section 3956, Revised Statutes 1909. Kenrick v. Cole, 46 Mo. 85; 2 Woerner on Administration, sec. 543'.
1Opinion of the CourtNortoni, J.
On motion, the circuit court dismissed appellants’ appeal from the probate court, and from this judgment the present appeal is prosecuted.
The question for decision relates alone to the right of an administrator to appeal to the circuit court from a ruling of the probate court denying his discharge, when it does not appear the administrator had resigned or made a settlement of the estate in the probate court.
The record before us is meager, and it is difficult to ascertain therefrom the status of the estate, in the probate court, of which appellant is administrator. Enough appears, however, to…
2Cases cited1 opinion
- Hanley v. HoltonMissouri Court of Appeals · 1906
3Cited by1 opinion
- Hulburd v. CommissionerSupreme Court of the United States · 1935