Barton v. Barton

Decided July 15, 1864

Supreme Court of Missouri · decided 1864-07-15

The plaintiff in error sued the defendant in error before a justice of the peace, on a statement or complaint filed, in which he alleged that she owed him $76.50, which, in May, 1862, she agreed to pay to him, if he demanded it; it being what would have been his distributive share of his father’s estate, which she consumed by bringing in a pretended claim for the support of infant children, and which the county court, at her final settlement, accepted on the express…

Good law ✅— No negative treatment on recordhow we know

Decided 1864-07-15

How this case has been cited

Cited by 4 later decisions — most recently June 1894

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Dryden, Judge,

¶1delivered the opinion of the court.

¶2The order of the county court allowing to the respondent, on her final settlement, the $625.30 out of the assets of the estate of her intestate, for the maintenance and education of the intestate’s infant children, was in the nature of a judgment, and conclusively determined the right of the respondent to the fund.

¶3By the present proceeding, the same matter is sought to be readjudicated. This cannot be done. The plaintiff had his day in court at the time of the final settlement of the respondent, the administratrix, and he must abide the judgment then made until reversed by the proper proceeding.

¶4Let the judgment be affirmed.

Judge Bates concurring ; Judge Bay absent.