Yeoman v. Younger

Citations

• 83 Mo. 424

Syllabus

<p>1. Judgment, when not subject to Collateral Attack. Where the court has jurisdiction of the parties and the subject matter of a suit, its judgment and process thereunder, however erroneous or irregular, cannot be questioned in collateral proceedings so as to defeat titles acquired thereby.</p> <p>2. Administration : final settlements : judgments. The final settlements of guardians, curators, administrators and executors have the force and effect of general judgments and are entitled to the same immunities.</p> <p>S. -: PROBATE JURISDICTION: statute. Under General Statutes, 1865, p. 556, § 7, county courts had exclusive original probate jurisdiction in the settlement and allowance of accounts of guardians and curators, and appeals from such courts to the circuit courts lay from final settlements (G. S., p. 473, § 50). On appeal from the county court to the circuit court from a final settlement, and a change of venue from the latter to the circuit court of another county the last named court acquired jurisdiction.</p> <p>4. Probate Courts, Powers of. Before the enactment of Revised Statutes, sec. 2611, probate courts had the inherent power on final settlements to order the amounts found due wards to be paid over to them, and to enforce their judgments by execution or other appropriate process.</p>