Corby v. Tracy
Supreme Court of Missouri
Jippeal from Buchanan Circuit Court. I. The judgment was more than ten .years old in October, 1871, and could only be'revived by a suit at law, and no execution could issue, (Wagn. Stat., 791, § 11) and being in the circuit court, it was to be treated as a judgment of that court.
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Jippeal from Buchanan Circuit Court. I. The judgment was more than ten .years old in October, 1871, and could only be'revived by a suit at law, and no execution could issue, (Wagn. Stat., 791, § 11) and being in the circuit court, it was to be treated as a judgment of that court. (Bauer vs. Bauer, 40 Mo., 61; King vs. Carpenter, 42 Mo., 219.) I. The motion to quash the execution not being a part of the record, and not being saved in the bill of exceptions, the Supreme Court will affirm the decision of the lower court. (State vs. Wall, 15 Mo.,. 208 ; London vs. King, 22 Mo., 336; Blount vs.…
1Opinion of the CourtHough, Judge
On the 30th day of August, 1860, a judgment was rendered by a justice of the peace of Buchanan county, in favor of John Corby, and against the defendant, Tracy. On the 26th day of October, 1871, and after the death of said Corby, a citation was issued by the justice, under the provisions of the 5th section of article 6,Wagn. Stat., relating to justice’s courts, requiring the defendant to show eairse why said judgment should not be revived in the name of the plaintiff as executrix of John Corby. The defendant appeared to the citation, and on the 8th day of November, 1871, said judgment was by…
2Cases cited6 opinions
- State v. WallSupreme Court of Missouri · 1851
- Humphreys v. LundySupreme Court of Missouri · 1866
- Blount v. ZinkSupreme Court of Missouri · 1874
- Carpenter v. KingSupreme Court of Missouri · 1868
- Loudon v. KingSupreme Court of Missouri · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Erskine v. LoewensteinSupreme Court of Missouri · 1884
- Force v. Van PattonSupreme Court of Missouri · 1899
- Kohn v. LucasMissouri Court of Appeals · 1885
- Holt v. SimmonsMissouri Court of Appeals · 1883
- Pickel v. PickelMissouri Court of Appeals · 1913
9 more not listed; retrieve them via the Exa API.