Ellis v. Jones
Supreme Court of Missouri
The writ of scire facias is a judicial writ; no petition is necessary to base it upon; and it is a continuation of the former suit; 2 Tidd, 1096, dtk American edition; Humphreys vs. Lundy 37 Mo., 320; State Treasurer vs. Foster, 7 Penn. St., 65; Graham’s Practice, 661, 663; 8 Bac.
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The writ of scire facias is a judicial writ; no petition is necessary to base it upon; and it is a continuation of the former suit; 2 Tidd, 1096, dtk American edition; Humphreys vs. Lundy 37 Mo., 320; State Treasurer vs. Foster, 7 Penn. St., 65; Graham’s Practice, 661, 663; 8 Bac. Ab., “ scire facias ,” 598; Denyre vs. Hann, 13 Iowa, 210. The judgment rendered in 1860 and entered in the name of Dowdall & Co., is amendable by adding the name of Dowdall’s co-plaintiffs as stated in the petition and writ. Judgment may be awarded in affirmance of this by adding names of panties. (W. S. 1031, § 6;…
1Opinion of the CourtSherwood, Judge
This was an action of ejectment brought in the Greene Circuit Court by John P. Ellis, against Henderson Jones. At the trial the plaintiff showed a chain of title, for the land in *182controversy, from the United States & mesne conveyance to M. E. Langston, and by said Langston to Harvey H. Neaves by deed dated February 7th, 1859, and from said H. H. Neaves to Thos. G. Neaves by deed dated December 18th, 1860. And the plaintiff to show that he had acquired the title aforesaid; read in evidence a deed made by Elisha Headlee, Pub. Admr. of Greene County, to plaintiff, dated February 18th, 1868,…
2Cases cited10 opinions
- Hunt v. LoucksCalifornia Supreme Court · 1869
- Swan v. Saddlemire & WoodNew York Supreme Court · 1832
- Phillips v. CoffeeIllinois Supreme Court · 1855
- Durham v. HeatonIllinois Supreme Court · 1862
- Long v. BurnettSupreme Court of Iowa · 1862
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- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Huxley v. HarroldSupreme Court of Missouri · 1876
- Gray v. BowlesSupreme Court of Missouri · 1881
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- Dunlap v. Toledo, Ann Arbor & Grand Trunk Railway Co.Michigan Supreme Court · 1883
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