Humphreys v. Lundy
Supreme Court of Missouri
Error to Macon Circuit Court. I. The court improperly refused to give the third and fourth declarations of law asked by defendant. (R. O. 1845, pp. 716-17; R. O. 1855, p. 1048 ; Acts 1856-7, pp. 77-8.) II. This is a suit in fact for a debt founded on a liability other than a judgment of a court of record, and is governed by the statute of limitations of 1845. The act of 1855 concerning justices’ courts does not apply.
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Error to Macon Circuit Court. I. The court improperly refused to give the third and fourth declarations of law asked by defendant. (R. O. 1845, pp. 716-17; R. O. 1855, p. 1048 ; Acts 1856-7, pp. 77-8.) II. This is a suit in fact for a debt founded on a liability other than a judgment of a court of record, and is governed by the statute of limitations of 1845. The act of 1855 concerning justices’ courts does not apply. (Dash v. Yankleeck, 7 Johns. 494; Perkins v. Perkins, 7 Conn. 563.) The only point in this case is, whether a judgment rendered by a justice of the peace is barred by any period…
1Opinion of the CourtHolmes, Judge
The plaintiff recovered a judgment before a justice of the peace in the county of Macon, on the 24th day of July, 1848, for the sum of $175.21. Nearly fifteen years afterwards, an affidavit for a scire facias to revive the judgment was filed with the successor of the justice who rendered the judgment. A scire facias was issued, and upon the answer of the defendant, a trial was had, on an issue of payment, before a jury, and there was a verdict and judgment for the plaintiff for $458.36, debt and damages. On appeal to the Circuit Court of Macon county, another trial was had, at the March *322term,…
2Cases cited2 opinions
- Milsap v. WildmanSupreme Court of Missouri · 1838
- Manning v. HoganSupreme Court of Missouri · 1858
3Cited by24 opinions
- Sutton v. ColeSupreme Court of Missouri · 1900
- State v. WilsonSupreme Court of Missouri · 1915
- Lafayette County v. WonderlyCourt of Appeals for the Eighth Circuit · 1899
- State v. HoeffnerSupreme Court of Missouri · 1894
- Ferneau v. Armour and CompanyMissouri Court of Appeals · 1957
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