Sappington v. Lenz
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Cowrt. — Hon. ~W. W. Edwards, Judge. ■ (1) The transcript of the first or original judgment fails to show on its face the necessary facts to-confer jurisdiction on Justice Perry Sappington.
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Appeal from the St. Louis County Circuit Cowrt. — Hon. ~W. W. Edwards, Judge. ■ (1) The transcript of the first or original judgment fails to show on its face the necessary facts to-confer jurisdiction on Justice Perry Sappington. Revised Statutes, 1879, see. 2839; Rohland v. Railroad, 89 Mo. 180, 182; Heath v. Railroad, 83 Mo. 61?, 624. (2) On the face of the transcript it affirmatively appears that the citation in the revivor proceedings was not served in the time required by the statute. Revised Statutes, 1889, secs. 6148, 6297. The rule of law is that, where an act is required to be done…
1Opinion of the CourtRombauer, P. J.
— Tbe defendant appeals from an order of tbe circuit court refusing to quash an execution issued against him by that court. Tbe execution was issued on tbe transcript of a judgment of revivor, rendered in 1891 upon scire facias by Justice Wm. H. Sappington, tbe judgment thus revived having been rendered by Justice Perry Sappington in 1880. Tbe motion to quash was based upon tbe grounds, that tbe record failed to show that either Perry Sappington, who rendered tbe judgment in tbe first instance, or Wm. H. Sappington, who rendered tbe judgment of revivor, bad jurisdiction of • tbe defendant’s…
2Cases cited10 opinions
- Adams v. CowlesSupreme Court of Missouri · 1888
- Ewing v. DonnellyMissouri Court of Appeals · 1885
- State v. SchneiderMissouri Court of Appeals · 1892
- Ruby v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1867
- Waddell v. WilliamsSupreme Court of Missouri · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McDougal v. McDougalMissouri Court of Appeals · 1955
- Sutton v. ColeSupreme Court of Missouri · 1900
- Kennedy v. BodenMissouri Court of Appeals · 1950
- Trimble v. ElkinMissouri Court of Appeals · 1901
- State v. McCordSupreme Court of Missouri · 1907
9 more not listed; retrieve them via the Exa API.