Fidelity & Deposit Co. of Maryland v. Spitcaufsky

PRITCHARD, Judge.

Appellant’s position is that respondent procured a writ of scire facias on May 11, 1971, to revive a revivor of a judgment which revivor was entered on May 15, 1961, rather than proceeding to revive the original judgment of $27,894.31, which was granted respondent on July 19, 1951. Appellant contends that there was no judgment of May 15, 1961, but only the revival order of that date with reference to the original judgment, and thus the present order of revival is invalid under Section 511.430, RSMo 1969, V.A.M.S.; Civil Rule 74.42, V.A.M.R., and Gregory Grocery Co., Inc. v.…