Simpson v. Watson
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lubke, J. Scire facias is an action at law triable by' a jury. — Wolff v. Schaeffer, 4 Mo. App. 367 ; s. c. 74 Mo. 158 ; Humphrey v. Lundy, 37 Mo. 320. The justice had no jurisdiction.— Bachelor v. Bess, 22 Mo. 402; Stone v. Corbett, 20 Mo. 354; Webb y. Twadie, 30 Mo. 488; Clark v. Smith, 39 Mo. 498. The validity of the judgment can be inquired into in a scire facias proceeding-. —Corby v. Wright, 4 Mo.
Read the full summary
Appeal from the St. Louis Circuit Court, Lubke, J. Scire facias is an action at law triable by' a jury. — Wolff v. Schaeffer, 4 Mo. App. 367 ; s. c. 74 Mo. 158 ; Humphrey v. Lundy, 37 Mo. 320. The justice had no jurisdiction.— Bachelor v. Bess, 22 Mo. 402; Stone v. Corbett, 20 Mo. 354; Webb y. Twadie, 30 Mo. 488; Clark v. Smith, 39 Mo. 498. The validity of the judgment can be inquired into in a scire facias proceeding-. —Corby v. Wright, 4 Mo. App. 443; Eager v. Stover, 59 Mo. 87. The justice had jurisdiction. — Meis v. Geyer, 4 Mo. App. 404 ; Stone v. Corbett, 20 Mo. 350. Jurisdiction of…
1Opinion of the CourtBakewell, J.
This was a scire facias to revive a judgment. The petition alleges that one Robert L. James, on the 12th of February, 1877, recovered judgment in the circuit court of St. Louis county against defendants for the sum of $319.50 with interest and costs. The judgment is then described by the number of the cause and the book and page of the record on which it is recorded. The petition states that this judgment was duly assigned, on the margin of the record, to William Kreiter, for value received, who, for value, after-wards assigned the same, on the margin of the record, to plaintiff; that…
2Cases cited8 opinions
- Humphreys v. LundySupreme Court of Missouri · 1866
- Duncan v. HargroveSupreme Court of Alabama · 1853
- Wolff v. SchaefferMissouri Court of Appeals · 1877
- Hopkins v. HowardTexas Supreme Court · 1854
- Austin's Ex'ors v. Reynolds' Adm'rTexas Supreme Court · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sutton v. ColeSupreme Court of Missouri · 1900
- State ex rel. South St. Joseph Town Co. v. MosmanMissouri Court of Appeals · 1905
- Walsh v. BosseMissouri Court of Appeals · 1884
- Cave v. ReiserNebraska Supreme Court · 2004
- Kratz v. PrestonMissouri Court of Appeals · 1893
7 more not listed; retrieve them via the Exa API.