Christy v. Flanagan
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (11 An involuntary delay created by no act of plaintiff in the execution, cannot operate to deprive him of the lien of his judgment.
Read the full summary
Appeal from St. Louis Court of Appeals. (11 An involuntary delay created by no act of plaintiff in the execution, cannot operate to deprive him of the lien of his judgment. Bank of Missouri v. Wells, 12 Mo. 361; Wood v. Messerly, 46 Mo. 255; Durrett v. ITulse, 67 Mo. 201 ; Biggs v. Goodrich, 74 Mo. 111. (2) While a judgment is superseded, the operation of the statute limiting the lien to three years is suspended, and that period of suspension is not to be reckoned in determining the time of expiration of the lien. (3) If the three years expire during the existence of the supersedeas, no scire…
1Opinion of the CourtNorton, J.
It is conceded by counsel that the only question which the record in this case presents for ^determination is : Does an appeal taken from the judgment of the circuit court, where an appeal bond is given which operates as a supersedeas, have the effect of extending the lien of such judgment beyond the time prescribed by statute Í It is also conceded that if this *672question is answered in the affirmative, that the judgment in the case ought to be reversed, and that if answered in the negative it ought to be affirmed. The question which the record propounds has been practically answered in the…
2Cases cited3 opinions
- Meyer v. CampbellSupreme Court of Missouri · 1849
- Bank of Missouri v. Wells & BatesSupreme Court of Missouri · 1849
- Chouteau v. NuckollsSupreme Court of Missouri · 1855
3Cited by7 opinions
- Wormington v. City of MonettSupreme Court of Missouri · 1949
- Investors Title Insurance Co. v. HerzigNorth Dakota Supreme Court · 2011
- Kegan v. HaslettMissouri Court of Appeals · 1908
- Sublette v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1902
- Green v. DoughertyMissouri Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.