Redman v. Adams

Missouri Court of Appeals

Redman v. Adams

88 Mo. App. 534, 1901 Mo. App. LEXIS 90

CourtMissouri Court of Appeals

DecidedApril 23, 1901

StatusPublished

Cited by5 cases

This text of 88 Mo. App. 534 (Redman v. Adams) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Redman v. Adams, 88 Mo. App. 534, 1901 Mo. App. LEXIS 90 (Mo. Ct. App. 1901).

Pincite

Opinion

BOND, J.

The contention is, that inasmuch as the interlocutory order of sale made hy the probate court was one from which any creditor of the estate was entitled to an appeal to the circuit court, therefore, the latter court erred in dismissing the cause for want of jurisdiction. The statute applicable to such orders unquestionably affords the right to an appeal therefrom to any creditor. R. S. 1899, sec. 278. The difficulty, however, in applying it to this appeal arises from the [536]*536fact that there is no evidence in the record showing that appellant sustained the relation (alleged in his affidavit), of creditor to the estate in respondent’s hands, and was therefore entitled to such an appeal. The affidavit did not conclusively establish such status, and when the cause was tried in the circuit court, evidence was adduced upon which that court based its dismissal of the suit. As appellant has not brought that evidence up by a bill of exceptions, we must conclude that it justified the judgment of the lower court by disclosing to it that appellant was not a creditor of the estate and, therefore, had not vested that court with any jurisdiction of his appeal. Stern v. Foltz, 152 Mo. 552; Doherty v. Noble, 138 Mo. 25; Wordsworth v. Tanner, 94 Mo. 124; Estes v. Nell, 140 Mo. 639; Pembroek v. R’y, 32 Mo. App. 61; Turley v. Edwards, 18 Mo. App. 676; Bauer v. Cabanne, 11 Mo. App. 114.

The judgment of the circuit court is accordingly affirmed.

All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BOND, J.

The contention is, that inasmuch as the interlocutory order of sale made hy the probate court was one from which any creditor of the estate was entitled to an appeal to the circuit court, therefore, the latter court erred in dismissing the cause for want of jurisdiction. The statute applicable to such orders unquestionably affords the right to an appeal therefrom to any creditor. R. S. 1899, sec. 278. The difficulty, however, in applying it to this appeal arises from the [536]*536fact that there is no evidence in the record showing that appellant sustained the relation (alleged in his affidavit), of creditor to the estate in respondent’s hands, and was therefore entitled to such an appeal. The affidavit did not conclusively establish such status, and when the cause was tried in the circuit court, evidence was adduced upon which that court based its dismissal of the suit. As appellant has not brought that evidence up by a bill of exceptions, we must conclude that it justified the judgment of the lower court by disclosing to it that appellant was not a creditor of the estate and, therefore, had not vested that court with any jurisdiction of his appeal. Stern v. Foltz, 152 Mo. 552; Doherty v. Noble, 138 Mo. 25; Wordsworth v. Tanner, 94 Mo. 124; Estes v. Nell, 140 Mo. 639; Pembroek v. R’y, 32 Mo. App. 61; Turley v. Edwards, 18 Mo. App. 676; Bauer v. Cabanne, 11 Mo. App. 114.

The judgment of the circuit court is accordingly affirmed.

All concur.

Cite This Page — Counsel Stack

Bluebook (online)

88 Mo. App. 534, 1901 Mo. App. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redman-v-adams-moctapp-1901.

Opinion

Related

Cite This Page — Counsel Stack