Stewart v. Gibson
Missouri Court of Appeals
Appeal from the Montgomery Circuit Court. — Hon. . E. M. Hughes, Judge. Judge Bond concurring, Judge Bland not sitting. A judgment' rendered in a proceeding by scire facias, is a new judgment. Walsh v. Bosse, 16 Mo. App. 231. This new judgment can not be rendered against the defendants, unless their liability appears on the face of the pleadings.
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Appeal from the Montgomery Circuit Court. — Hon. . E. M. Hughes, Judge. Judge Bond concurring, Judge Bland not sitting. A judgment' rendered in a proceeding by scire facias, is a new judgment. Walsh v. Bosse, 16 Mo. App. 231. This new judgment can not be rendered against the defendants, unless their liability appears on the face of the pleadings. Plaintiff attempts to make defendants liable in this action under section 6016, Revised Statutes 1889. He does not allege that the defendants are either the legal representatives, the terre tenants, or persons occupying lands of the original…
1Opinion of the CourtBiggs, J.
On the fifteenth day of February, 1893, the plaintiff obtained a judgment against Hugh B. Gibson in the circuit court of Montgomery county. Gibson died intestate in December, 1894. The present action is to revive the judgment. The defendants are the children and only heirs at law of Gibson. They appeared to the action and filed an answer, in which they admitted the death of Gibson; that they were his *234children and heirs at law, and that the judgment was rendered as alleged in the petition. They averred that the action ought not to be maintained against them for the reason that their father…
2Cited by4 opinions
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