Legal Opinion

Ruoff v. Fitzgerald

Missouri Court of Appeals

Decided January 7, 1908Published

Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) A revivor proceeding is a continuance of the original cause. Coomes v. Moore, 57 Mo. 338; Long v. Thormond, 83 Mo. App. 231; Bank v. Lambert, 116 Mo. App. 623. Tbe “docket entries” being the only evidence presented, are so irregular and deficient that they do not warrant a revivor.

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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) A revivor proceeding is a continuance of the original cause. Coomes v. Moore, 57 Mo. 338; Long v. Thormond, 83 Mo. App. 231; Bank v. Lambert, 116 Mo. App. 623. Tbe “docket entries” being the only evidence presented, are so irregular and deficient that they do not warrant a revivor. Meyer v. Singletory, 75 Mo. 483. (2) In a-revivor proceeding an entry as to tbe appearance of tbe parties is only prima facie, and can be explained. McGonnigle v. Bresnan, 44 Mo. App. 424; Clements v. Greenwall, 40 Mo. App. 595; Eager v.…

1Opinion of the CourtGoode, J.

Scire facias to revive a judgment rendered by a justice of the peace October 24, 1902. The judgment was entered in a landlord and tenant case and was for $16 rent and $5.25 costs. The revivor proceeding was instituted before the same justice of the peace who had rendered the judgment and resulted in a judgment of revivor. An appeal was taken to the circuit court and on a hearing there the same result was reached. Defendant then appealed to this court. The original judgment sought to be revived was in the following form:

“Before William J. Hanley, Justice of the Peace Within and for the Eighth…

2Cases cited4 opinions

  1. Franse v. OwensSupreme Court of Missouri · 1857
  2. County of Boone v. CorlewSupreme Court of Missouri · 1831
  3. State ex rel. Evans v. OrahoodMissouri Court of Appeals · 1887
  4. State ex rel. Wheless v. StinebakerMissouri Court of Appeals · 1901

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