76 Mo. 307 | Mo. | 1882
Dissenting Opinion
Dissenting.—A point which is common to the case of MfiCabe v. Lewis, and the present one, the right of the public administrator to take charge of the estate of Maynard, has been discussed in my dissent
As to the other points I concur in the conclusions reached by the court of appeals, and am in favor of affirming the judgment.
Eor these reasons I must dissent from the conclusion reached by a majority of my associates.
Lead Opinion
In the case of McCabe, Administrator of Catharine 0. Long, v. Lewis, Public Administrator in charge of the estate of Maynard, ante, p. 296, we held'that Lewis was not legally in charge of said estate, Jtrom which it fol- ' lows that as such administrator he cannot maintain an action. The judgment in his favor affirmed by the court of appeals is reversed.