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DARRAH v. FOSTER

No. 48626.

355 S.W.2d 24 (1962)

Violet H. DARRAH, Appellant, v. Raymond W. FOSTER, Administrator of the Estate of Raymona Joyce Foster, Deceased, Respondent. Mary Lucille SACCO, Cross-Claimant-Appellant, v. Raymond W. FOSTER, Administrator of the Estate of Raymona Joyce Foster, Deceased, Respondent.

Supreme Court of Missouri, Division No. 2.

March 12, 1962.

Attorney(s) appearing for the Case

Gayles R. Pine, Betty Pine Lockard, Pine, Welling, Jones & Lockard, Warrensburg, for plaintiff-appellant Violet H. Darrah.

Fred F. Wesner, Robert L. Wesner, Wesner & Wesner, Sedalia, for cross-claimant-appellant Mary Lucille Sacco.

William J. Cason, Clinton, for defendant-respondent.

STORCKMAN, Judge.

In this case two causes of action arising out of the same automobile accident are involved. One is an action for wrongful death and the other for personal injuries. They were instituted in the Circuit Court of Johnson County against the administrator of a decedent. On motion of the defendant administrator, the actions were dismissed with prejudice for failure of the claimants to file in the probate court a written notice of the institution of the...

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