Coomes v. Moore
Supreme Court of Missouri
Appeal from Harrison Circuit Court. I. Tbe cases of Humphreys vs. Lundy, (31 Mo.,320,) and Sub-lett vs.Nelson, (38 Mo,, 487,) refer to domestic judgments, rendered before j ustices within this State, and which may be revived by scire facias, which is said not to be a civil action. II. A foreign judgment does not stand upon the same ground as domestic judgments. It caiinot be revived in this State by scire facias. No execution can issue upon it here.
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Appeal from Harrison Circuit Court. I. Tbe cases of Humphreys vs. Lundy, (31 Mo.,320,) and Sub-lett vs.Nelson, (38 Mo,, 487,) refer to domestic judgments, rendered before j ustices within this State, and which may be revived by scire facias, which is said not to be a civil action. II. A foreign judgment does not stand upon the same ground as domestic judgments. It caiinot be revived in this State by scire facias. No execution can issue upon it here. It is not a lien upon real estate here, even if rendered by a court of record elsewhere. Iu probate courts, foreign judgments are classed as…
1Opinion of the CourtWagNER, Judge
This was an action commenced in the Circuit Court in 1870, upon a judgment obtained before a justice of the peace in the State of Ohio in October, 1855. Defendant in his answer set up two defenses: First, that there was no such judgment as that declared upon in the petition ; and, Secondly, that the claim was barred by the statute of limitations. The court, on plaintiff’s motion, struck out that part of the answer setting up the statute of limitations as a defense, and the defendant excepted.
The case was then tried on the remaining issues, and judgment was rendered for plaintiff.
¥e will first…
2Cases cited2 opinions
- Humphreys v. LundySupreme Court of Missouri · 1866
- Sublett v. NelsonSupreme Court of Missouri · 1866
3Cited by7 opinions
- Sutton v. ColeSupreme Court of Missouri · 1900
- Sublette v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1902
- Kratz v. PrestonMissouri Court of Appeals · 1893
- Chittenden v. GravesMissouri Court of Appeals · 1910
- S. J. Long & Son v. ThormondMissouri Court of Appeals · 1900
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