Bolton v. Lansdown
Supreme Court of Missouri
Appeal from, Cole Circuit Court. This was a motion to quash an alias execution issued in 1854 without leave of court, upon a judgment rendered in May, 1847. It appeared that an execution issued upGn the judgment in 1847 which was returned, unsatisfied, and that no execution had since issued until the present.
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Appeal from, Cole Circuit Court. This was a motion to quash an alias execution issued in 1854 without leave of court, upon a judgment rendered in May, 1847. It appeared that an execution issued upGn the judgment in 1847 which was returned, unsatisfied, and that no execution had since issued until the present. The motion to. quash being sustained by the Circuit Court, the plaintiff appealed. 1. The first and second sections of the 18th article of the practice act of 1849 only apply to actions subsequently brought. (See 1st section of 32d article of same act.) Even remedial acts never operate-…
1Opinion of the CourtLeonard, Judge
The words of the 2d section of the 18th article of the practice act, “ after the lapse of five years from the entry of judgment, an execution may be issued only by leave of the court on motion, with notice to the adverse party,” are general, without any limitation, and, of course, must be construed to embrace judgments existing at the time the act takes effect, as well as those thereafter rendered, unless there be some sufficient reason for putting a more limited construction upon them. The provision of the 32d article, that “ the act shall not apply to actions brought before it takes…
2Cases cited1 opinion
- Dowsman v. PotterSupreme Court of Missouri · 1825
3Cited by7 opinions
- Lovell v. DavisMissouri Court of Appeals · 1893
- Porter v. MarinerSupreme Court of Missouri · 1872
- State v. MillerArizona Supreme Court · 1913
- Abbott v. Marion Mining Co.Supreme Court of Missouri · 1914
- Henschall v. SchmidtzSupreme Court of Missouri · 1872
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