# Brown v. Weatherby

> Supreme Court of Missouri · October 15, 1879 · 71 Mo. 152

URL: https://www.frixlaw.com/law-library/cases/8006411

## Case

- **Full name:** Brown v. Weatherby, in Error
- **Court:** Supreme Court of Missouri
- **Decided:** October 15, 1879
- **Citations:** 71 Mo. 152
- **Precedential status:** Published
- **Opinion:** On rehearing by Sherwood
- **Judges:** Sherwood
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8006411

## Opinion text

On Rehearing.
Sherwood, O. J.
Our former opinion as to the chief point involved in this case was based upon the failure to serve Weatherby, the 'first administrator, with notice. Since delivering that opinion, however, our attention has been called to the overlooked fact that, though Weatherby was not served with notice, and did not appear in the probate court, yet that the record shows his appearance in the circuit court when the case went there on appeal, for trial de novo. This recital of the record, which must be regarded as true, obviates any objections heretofore taken because of non-service of notice on the administrator, or of his non-appearance in the probate court, and results in the affirmance of the judgment.
All concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8006411. Public record. Not legal advice.