Chittenden v. Graves
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) When the transcript of a justice’s judgment is filed in tlie office of the clerk of the circuit court it becomes as a judgment of the circuit court, its life and efficacy being the same. Tracy v. Whitsett, 51 Mo.
Read the full summary
Appeal from Lewis Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) When the transcript of a justice’s judgment is filed in tlie office of the clerk of the circuit court it becomes as a judgment of the circuit court, its life and efficacy being the same. Tracy v. Whitsett, 51 Mo. App. 149. (2) One of the ways of giving life and carrying into effect a judgment of the circuit court is by instituting a suit thereon before the period of limitation has expired, which is ten years. It may be observed that the statutory proceeding by scire facias, and issuing an execution, has not taken away the…
1Opinion of the CourtGoode, J.
These plaintiffs recovered a judgment before E. Frank Henderson, justice of the peace, September 28,1897, against defendant for $135.35 and costs taxed at three dollars. October 28, 1897 a transcript of that judgment was filed in the office of the circuit clerk of Lewis county, and on October 26, 1907, plaintiff filed a petition in the circuit court of said county wherein they alleged the rendition of the judgment by the justice of the peace September 28, 1897, as stated, the filing of the transcript October 28, 1897, in the circuit clerk’s office; that no part of said judgment had been paid,…
2Cases cited5 opinions
- Babb v. BruereMissouri Court of Appeals · 1886
- Coomes v. MooreSupreme Court of Missouri · 1874
- Sublette v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1902
- Bick v. RobbinsMissouri Court of Appeals · 1908
- Pierce v. DavidsonMissouri Court of Appeals · 1894
3Cited by2 opinions
- Kennedy v. BodenMissouri Court of Appeals · 1950
- Longlett v. EisenbergMissouri Court of Appeals · 1928