T. W. Barhydt & Co. v. G. N. Alexander & Co.
Missouri Court of Appeals
Error to the Livingston Circuit Court.—Hon. E. J. Beoaddus, Judge. (1) The affidavit for the revival of the judgment is sufficient and in a strict compliance with section 6291, Revised Statutes, 1889. Said affidavit is sufficiently authenticated by signature and seal. Young v. Rollins, 85 N. C. 485; Tucker v. Ladd, 4 Cowan, 47. Affidavit made in the United States can be used in Missouri.
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Error to the Livingston Circuit Court.—Hon. E. J. Beoaddus, Judge. (1) The affidavit for the revival of the judgment is sufficient and in a strict compliance with section 6291, Revised Statutes, 1889. Said affidavit is sufficiently authenticated by signature and seal. Young v. Rollins, 85 N. C. 485; Tucker v. Ladd, 4 Cowan, 47. Affidavit made in the United States can be used in Missouri. Ency. of Law, page 768. The notary will be presumed to have authority. 77 Mich. 265. The courts will take judicial notice of the seals of notaries public for they are officers recognized by the commercial law…
1Opinion of the CourtSmith, P. J.
This was an action brought before a justice of the peace to revive a judgment. The cause was taken to the circuit court by appeal where on the trial • anew the plaintiffs offered to read wbat purported to be the affidavit of H. A. Brown—one of the plaintiffs— which had been filed before the justice of the peace by whom the judgment had been rendered which it was sought to revive. This affidavit the court refused, on the objection of defendants, to permit the plaintiffs to read. It set forth every essential fact required by *192section 6291, Revised Statutes and there can be no valid objection to…
2Cases cited15 opinions
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Flato v. MulhallSupreme Court of Missouri · 1880
- Pierce v. IndsethSupreme Court of the United States · 1883
- Shelton v. BerryTexas Supreme Court · 1857
- Parker v. BakerNew York Court of Chancery · 1840
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hazelett v. WoodruffSupreme Court of Missouri · 1899
- Robbins v. BoulwareSupreme Court of Missouri · 1905
- Burnes v. BurnesMissouri Court of Appeals · 1895
- Bick v. TanzeySupreme Court of Missouri · 1904
- Kincaid v. GriffithMissouri Court of Appeals · 1896
4 more not listed; retrieve them via the Exa API.