Gainey v. Sexton's Administrator
This text of 29 Mo. 449 (Gainey v. Sexton's Administrator) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
delivered the opinion of the court.
This judgment will be reversed. The probate court clearly erred in placing a judgment rendered in another state in the same class with those rendered in the courts of this state. The judgments of the sister states have no preference over any other debts. Only the judgments rendered in the courts of this state can be placed in the fourth class of demands. (Harness v. Green’s Adm’r, 20 Mo. 316.)
The bill of exceptions does not show but what the appeal was taken and the affidavit filed during the term of the court. The evidence disproving this is not preserved in the bill of exceptions.
The other judges concurring, the judgment will be reversed and the cause remanded.
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Cite This Page — Counsel Stack
29 Mo. 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gainey-v-sextons-administrator-mo-1860.