Jones v. Brinker

Citation20 Mo. 87
PartiesJONES, Appellant, v. BRINKER, Respondent.
Decision Date31 October 1854
CourtUnited States State Supreme Court of Missouri

1. The allowances made to administrators in their annual and final settlements have the effect of judgments, and are conclusive between the parties at law; but may be set aside in equity upon a proper showing.

2. A party seeking equitable relief under the new system of practice must state facts which would have been a ground for such relief under the old system.

3. A statement that the administrator illegally procured allowances in his favor does not make out a case for equitable relief.

Appeal from Washington Circuit Court.

The case is sufficiently stated in the opinion of the court.

Frissell & Perryman, for appellant.

C. Jones, for respondent.

RYLAND, Judge, delivered the opinion of the court.

This was a suit brought by the plaintiff, Jones, against Fanny Brinker and John B. Brinker and others, upon the bond of said Brinkers and others, as administrators of the estate of Abram Brinker, deceased. The plaintiff alleges various breaches of the condition of the bond in his petition. The defendants demur to some of these breaches, and answer as to others. The court sustained the demurrer as to some of the breaches assigned; thereupon the plaintiff withdrew his petition and all other breaches except those demurred to, and to which the demurrer had been sustained; suffered judgment to be rendered against him and brings the case here by appeal. The breaches to which the demurrer had been sustained allege and charge that the administrators had obtained credit in their various settlements with the county court for illegal charges against the estate, amounting to $630 11; then specifies the settlements and the items of illegal charge.

1. The question arising here involves the effect of allowances made to administrators by the county court in their annual and final settlements. These allowances and settlements have the effect of judgments, and are considered as conclusive between the parties interested and concerned therein, at law. But it is allowed to a party interested to file his bill in chancery against the administrator, charging him with having made false and fraudulent accounts, and having fraudulently procured allowances in his favor to be made to him by the county court. Such a proceeding is not based upon the administrator's bond; nor is it necessary to make his securities in the administration bond parties to it. The complainant attacks the settlements and...

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60 cases
  • Lieber v. Lieber
    • United States
    • United States State Supreme Court of Missouri
    • December 23, 1911
    ...than those in regard to the character of evidence required in courts of equity to vacate a final judgment. Beginning with Jones v. Brinker, 20 Mo. 87, and coming down to Murphy v. De France, 105 Mo. 53 [15 S. W. 949, 16 S. W. 861], it has been uniformly held that the "fraud for which a judg......
  • Cross v. Gould
    • United States
    • Court of Appeal of Missouri (US)
    • May 12, 1908
    ...Lewis v. Williams Adm'r, 54 Mo. 200; Ward v. Quinlivin, 57 Mo. 425; Oxley Stave Co. v. Butler County, 121 Mo. 614, 26 S. W. 367; Jones v. Brinker, 20 Mo. 87; Moody v. Peyton, 135 Mo. 482, 36 S. W. 621, 58 Am. St. Rep. 604; Nichols v. Stevens, 123 Mo. 96, 25 S. W. 578, 27 S. W. 613, 45 Am. S......
  • Nelson v. Barnett
    • United States
    • United States State Supreme Court of Missouri
    • June 26, 1894
    ...was a final judgment, and can not be set aside, except for actual fraud practiced by the administratrix in obtaining it. Jones v. Brinker, 20 Mo. 88; Barton Barton, 35 Mo. 162; Sheetz v. Kirtley, 62 Mo. 417; Smith v. Sims, 77 Mo. 272; Phillips v. Droughton, 30 Mo.App. 148; Lewis v. Williams......
  • Terminal R. R. Ass'n of St. Louis v. Schmidt
    • United States
    • United States State Supreme Court of Missouri
    • June 17, 1942
    ...c. 140-143, citing many authorities and decisions from Missouri and other States, and the United States Supreme Court, including Jones v. Brinker, 20 Mo. 87; Hamilton v. McLean, 139 Mo. l. c. 685, 686, citing many decisions; Peeters v. Schultz, 300 Mo. l. c. 336, 337, 338, 339, citing many ......
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