Hill v. Taylor
Citation | 74 S.W. 9,99 Mo.App. 524 |
Parties | WILLIAM E. HILL, Plaintiff in Error, v. A. S. TAYLOR, Administrator, et al., Defendant in Error |
Decision Date | 27 April 1903 |
Court | Court of Appeals of Kansas |
Error to Chariton Circuit Court.--Hon. John P. Butler, Judge.
AFFIRMED.
Judgment affirmed.
L. N Dempsey and J. M. DeMoss for plaintiff in error.
(1) Appellant's contention is that the honorable circuit court erred in dismissing appellant's appeal from the judgment of the probate court. Secs. 146 and 150, R. S. 1899; Overton v. Johnston, 17 Mo. 449; Pattee v Thomas, 58 Mo. 173; Brown v. Woody, 22 Mo.App 258. (2) Was a motion for a new trial necessary in the case at bar? Wallace v. Underwood, 32 Mo.App. 478; Johnson to use v. Greve, 60 Mo.App. 170; O'Conner v. Koch, 56 Mo. 261.
Crawley & Son for defendant in error.
This is a proceeding by plaintiff in error, a judgment creditor of the estate of James D. Staples, deceased, under the statutes to compel the defendant in error, as administrator of the estate of said Staples, to sell the real estate of the decedent, or so much thereof as may be necessary to satisfy plaintiff's lien of his judgment obtained during the lifetime of the deceased. The petition contains the following averments, viz.:
The defendant administrator was duly notified of the proceeding and defendant, one of the children and heir at law of James D. Staples, deceased, appeared and filed answer. When the cause came to a hearing on the 14th day of September, 1901, in the probate court, the administrator made default; and the court on the hearing of defendant's objection dismissed the case. Plaintiff appealed to the circuit court where his petition was again dismissed upon the ground assigned by the court that as the probate court did not acquire jurisdiction of the proceedings, because the minor defendants were not notified thereof, the circuit court acquired none on the appeal.
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