Temple v. Price
| Decision Date | 31 January 1857 |
| Citation | 24 Mo. 288 |
| Parties | TEMPLE et al., Appellants, v. PRICE et al., Respondents. |
| Court | Missouri Supreme Court |
1. Where minors institute suit by their father as natural guardian, and seek thereby to have a new trustee appointed in the place of one to whom certain slaves had been devised in trust for such minors on the ground of the failure to act; held, although it did not appear from the petition that the father had given bond as guardian, that a demurrer on the ground that no guardian had been appointed according to law was improperly sustained.
2. Nor would such a petition be multifarious for the reason that, in addition to the appointment of a new trustee, it also prayed that certain of the parties defendant, who were charged therein with having wrongfully appropriated the hire and services of such slaves, might be ordered to account to the new trustee when appointed.
Appeal from Chariton Circuit Court.
Demurrer to a petition. Plaintiffs, minor children of one Tabitha A. Temple, deceased, and grand-children of one Angelina Price, instituted suit by their father and natural guardian; alleging that one Elizabeth Burton had devised certain slaves to one Newton Burton, in trust for the children of the said Angelina Price, of whom the mother of plaintiffs was one; that said Newton Burton failed to take upon himself the discharge of the trust; that one Alexander Price, one of the defendants, by the sufferance of the said N. Burton, the trustee, and of the executor of the will of Elizabeth Burton, took said slaves into his possession; and that he and his co-defendants, or some of them, appropriated their hire and services. The plaintiffs pray that a new trustee be appointed to take charge of the said slaves; and that defendants be required to pay over to such trustee, when appointed, the value of the hire and services of said slaves received by them, etc.
The trustee, Newton, and others, the children and grandchildren of Angelina Price, were made parties. Defendants demurred to this petition, and assigned for causes of demurrer, 1st, that the plaintiffs had no legal capacity to sue, and have had no guardian appointed according to law; 2d, that the petition does not state facts sufficient to constitute a cause of action; and the same is multifarious in this that the plaintiffs ask the appointment of a trustee and an account, when the parties are liable to the trustee only when appointed, and cannot be required to account in this action. This demurrer was sustained.
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Spillane By Guardian v. Missouri Pacific Railway Company
...for plaintiff, the court made an order fixing the amount of bond to be given by the guardian, which was the proper practice. Temple v. Price, 24 Mo. 288; Jones Steele, 36 Mo. 324; Higgins v. Railroad, 36 Mo. 418, 431. (2) The defect as to want of plaintiff's capacity to sue appeared on the ......
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The State ex rel. Missouri Pacific Railroad Company v. Cox
... ... and the suit maintained by the father as natural guardian and ... curator. R. S. 1919, secs. 371, 390, 391; Temple v ... Price, 24 Mo. 288; Spillane v. Railroad, 111 ... Mo. 555; Bush v. Fisher, 85 Mo.App. 5; Brandon ... v. Carter, 119 Mo. 572. By neither ... ...
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Aley v. Missouri Pacific Railway Company
...appointed a next friend and approved a bond after judgment and while the case was pending on a motion in arrest. It was held in Temple v. Price, 24 Mo. 288, that a natural ought to be allowed to give bond on his application during the pendency of the suit. See, also, Johnson v. Beauchamp, 3......
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Aley v. Missouri Pac. Ry. Co.
...appointed a next friend and approved a bond after judgment and while the case was pending on a motion in arrest. It was held in Temple v. Price, 24 Mo. 288, that a natural guardian ought to be allowed to give bond on his application during the pendency of the suit. See, also, Johnson v. Bea......