Tracy v. Whitsett
Missouri Court of Appeals
Appeal from the LaFayette Circuit Court. — Hon. Richard Field, Judge. (1) The appellant at the time of the rendition of the judgment by the justice of the peace, and the revival thereof, was a resident of LaFayette county, and the execution from the office of the clerk of the circuit court could not issue until the return “nulla bona” of an execution from the court of the justice of the peace.
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Appeal from the LaFayette Circuit Court. — Hon. Richard Field, Judge. (1) The appellant at the time of the rendition of the judgment by the justice of the peace, and the revival thereof, was a resident of LaFayette county, and the execution from the office of the clerk of the circuit court could not issue until the return “nulla bona” of an execution from the court of the justice of the peace. Jordan v. Surghnor, 107 Mo. 520; Revised Statutes, 1889, sec. 6287; Burke v. Miller, 46 Mo. 258; Marks v. Hardy, 85 Mo. 232; Johnson v. Latta, 84 Mo.. 139; Billon v. Bash, 27 Mo. 243. There was no such…
1Opinion of the CourtEllison, J.
Judgment was rendered against defendant before a justice of the peace of LaFayette county on June 1, 1872, and execution issued thereon on that day. June 24, a transcript of this judgment was filed with the circuit clerk of the county. More than ten years thereafter, on July 26, 1886, application was made in the justice’s court to revive said judgment. An affidavit was filed, as required by section 6291, Revised Statutes, 1889, and a citation to defendant issued thereon. Matters were then delayed by a writ of prohibition until such writ was quashed, when on January 26,1887, the judgment was…
2Cases cited5 opinions
- Humphreys v. LundySupreme Court of Missouri · 1866
- Carpenter v. KingSupreme Court of Missouri · 1868
- Sachse v. ClingingsmithSupreme Court of Missouri · 1888
- Jordan v. SurghnorSupreme Court of Missouri · 1891
- Pears v. GoffSupreme Court of Missouri · 1882
3Cited by2 opinions
- Longlett v. EisenbergMissouri Court of Appeals · 1928
- S. J. Long & Son v. ThormondMissouri Court of Appeals · 1900