German Literary Society v. Bloch
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Chas. Claflin Allen, Judge. (1) A writ of scire facias to revive a justice’s judgment may be applied for at any time within ten years from the date of the rendition of the judgment of a justice of the peace. Stewart v. Justices, 47 Fed. Rep. 485; Sublette v. Railway, 96 Mo. App. 122; Walsb v. Bosse, 16 Mo. App. 231; George v. Middough, 62 Mo. 551; Long v. Thormond, 83 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Chas. Claflin Allen, Judge. (1) A writ of scire facias to revive a justice’s judgment may be applied for at any time within ten years from the date of the rendition of the judgment of a justice of the peace. Stewart v. Justices, 47 Fed. Rep. 485; Sublette v. Railway, 96 Mo. App. 122; Walsb v. Bosse, 16 Mo. App. 231; George v. Middough, 62 Mo. 551; Long v. Thormond, 83 Mo. App. 231; R. S. 1899, sec. 4028, (2) A scire facias to revive a judgment is a judicial writ. It is not a new suit, but a continuation of the original action and merely…
1Opinion of the CourtGoode, J.
This is a proceeding by scire facias to revive a judgment of a justice of the peace. According to the stipulated facts the judgment was rendered by the justice February 25, 1897, and on February 21, 1907, plaintiff filed a petition to revive it before the successor of the justice by whom it had been given. A citation was issued and delivered to the constable on the same day, commanding him to summon defendant to appear before the justice to whom the petition of revivor had been addressed, on March 6, 1907, to answer the complaint of plaintiff, and then and there show cause, if any, why the…
2Cases cited5 opinions
- Humphreys v. LundySupreme Court of Missouri · 1866
- Reaves & Co. v. J. A. Long & BrotherSupreme Court of Kansas · 1901
- Corby v. TracySupreme Court of Missouri · 1876
- Tefft v. Citizens' BankSupreme Court of Kansas · 1887
- Matlick v. CrumpMissouri Court of Appeals · 1895
3Cited by4 opinions
- Kennedy v. BodenMissouri Court of Appeals · 1950
- Charles E. Michael v. Fred SmithCourt of Appeals for the D.C. Circuit · 1955
- Longlett v. EisenbergMissouri Court of Appeals · 1928
- The Gregory Groc. Co. v. LinkMissouri Court of Appeals · 1930