Miller v. Falloon
| Decision Date | 03 June 1916 |
| Docket Number | No. 19299.,19299. |
| Citation | 187 S.W. 839 |
| Parties | MILLER v. FALLOON. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Bates County; C. A. Calvird, Judge.
Action for the admeasurement of dower by Jessie Falloon Miller against Ellen M. Falloon. From an order denying defendant's motion to revoke an order appointing a receiver for decedent's estate, defendant appeals. Judgment affirmed.
Frank M. Ludwick, John B. Gage, and George Lockridge, all of Kansas City, for appellant. Silvers & Silvers, of Kansas City, for respondent.
I. This action was instituted May 25, 1915, in the circuit court of Bates county, by the plaintiff, Jessie Falloon Miller, who is the only child and heir of George Falloon, deceased, against his widow, Ellen M. Falloon, alleging that her father died intestate, and asking that the dower of Ellen M. Falloon be determined and set apart to her, and the balance of the property of the estate of George Falloon be turned over to her as his heir at law.
Defendant answered July 6, 1915, denying that George Falloon died intestate, and averred that by a will, executed in January, 1914, he devised to defendant all of the real estate mentioned in the petition, and also all of the personal property of which he died possessed, except $1,000, which he bequeathed to his granddaughter Susan Cooley, that said will had never been revoked, and that there was then on file in the probate court of Jackson county a petition asking that court to probate said will and to establish its contents. Defendant further averred that the petition of the plaintiff was premature, and that the circuit court of Bates county was without jurisdiction to determine the amount of dower or the rights of the defendant in and to said property until the proceedings in the Jackson probate court were concluded.
On October 18, 1915, the plaintiff filed in the circuit court of Bates county an application for the appointment of a receiver, alleging that this was necessary for the preservation of the property of the estate. Notice was given of this application, and it was granted October 21, 1915. Thereupon defendant filed a motion to revoke the order appointing a receiver, which was denied, from which interlocutory order of the circuit court of Bates county defendant appealed to this court.
II. It nowhere appears, either in the abstract filed by appellant or in the additional abstract filed by respondent, that any bill of...
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State ex rel. United Brick & Tile Co. v. Wright, 34681.
...the judgment? Osborn v. Benbow, 38 Mo. App. 25; Oakes v. School District, 98 Mo. App. 163; Orchard v. Bank, 121 Mo. App. 338; Miller v. Falloon, 187 S.W. 839; Growney v. O'Donnell, 272 Mo. 167, 198 S.W. 863; Advance Thrasher Co. v. Speak, 167 Mo. App. 470, 151 S.W. 235; Layne v. Miners Co.,......
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State ex rel. United Brick & Tile Co. v. Wright
... ... support the judgment? Osborn v. Benbow, 38 Mo.App ... 25; Oakes v. School District, 98 Mo.App. 163; ... Orchard v. Bank, 121 Mo.App. 338; Miller v ... Falloon, 187 S.W. 839; Growney v ... O'Donnell, 272 Mo. 167, 198 S.W. 863; Advance ... Thrasher Co. v. Speak, 167 Mo.App. 470, 151 S.W ... ...
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Rust Sash & Door Co. v. Bryant
...judgment, and therefore must indulge the presumption that the judgment was justified by the facts shown on the trial". Miller v. Falloon, Mo.Sup., 187 S.W. 839, 840. There may have been good and sufficient reasons for the Chancellor to have allowed the claim as a personal judgment and disal......
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Rust Sash & Door Co. v. Bryant
... ... indulge the presumption that the judgment was justified by ... the facts shown on the trial". (Miller v ... Falloon, 187 S.W. 839, 840.) There may have been good ... and sufficient reasons for the Chancellor to have allowed the ... claim as a ... ...