McFaul v. Haley
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wm. Zaclvritz, Judge. (1) As the Act of April 9, 1895, provides for no time within which action on judgments theretofore rendered might be begun, it did not cut short the twenty-year period within which suits thereon might be brought according to the statute in force when the first judgment was rendered.
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Appeal from St. Louis City Circuit Court. — Hon. Wm. Zaclvritz, Judge. (1) As the Act of April 9, 1895, provides for no time within which action on judgments theretofore rendered might be begun, it did not cut short the twenty-year period within which suits thereon might be brought according to the statute in force when the first judgment was rendered. Eor, if this act was applied to such judgments, it would deprive the judgment creditor of a vested right, and would therefore be unconstitutional and void. Cranor v. School District, 151 Mo. 119; McElroy v. Eord, 81 Mo. App. 505. (2) The claim…
1Opinion of the CourtYalliant, J.
This controversy arose in the presentation for classification in the probate court of an old judgment rendered in favor of the plaintiff against the defendant’s testator, Patrick Grady, in his lifetime. The probate court received the claim and placed it in the fourth class for payment; the executor appealed to the circuit court where the claim was rejected, and judgment rendered in favor of the executor. Erom that judgment the plaintiff appeals.
The judgment which is the subject of this proceeding was rendered in the St. Louis City Circuit Court, December 5, 1878, for $1,954.25, bearing…
2Cases cited8 opinions
- Baker v. StonebrakerSupreme Court of Missouri · 1865
- Wernse v. McPikeSupreme Court of Missouri · 1890
- Gibson v. VaughanSupreme Court of Missouri · 1875
- Stephens v. BernaysSupreme Court of Missouri · 1893
- McGinnis v. LoringSupreme Court of Missouri · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wentz v. Price Candy Co.Supreme Court of Missouri · 1943
- Green v. StrotherCourt of Appeals of Kansas · 1919
- Telanus v. SimpsonSupreme Court of Missouri · 1928
- Bunch v. United States ex rel. TownsendCourt of Appeals for the Eighth Circuit · 1918
- Flink v. ParcellSupreme Court of Missouri · 1939
13 more not listed; retrieve them via the Exa API.