Bauer v. Miller
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lubke, J. The revival of a judgment is not a civil action. — Humphreys v. Lundy, 37 Mo. 320. Upon filing transcript in circuit court, this court acquires jurisdiction, etc., and may set aside or modify the judgment (Bauer v. Bauer, 40 Mo. 61); and may quash the execution issued thereon. — Bain v. Ohrisman, 27 Mo. 293; The State v. Metzger, 27 Mo. 65 ; Ex parte James, 50 Mo. 280; Pratt v. Oanfield, 67 Mo. 48. A mere certificate of a…
Read the full summary
Appeal from the St. Louis Circuit Court, Lubke, J. The revival of a judgment is not a civil action. — Humphreys v. Lundy, 37 Mo. 320. Upon filing transcript in circuit court, this court acquires jurisdiction, etc., and may set aside or modify the judgment (Bauer v. Bauer, 40 Mo. 61); and may quash the execution issued thereon. — Bain v. Ohrisman, 27 Mo. 293; The State v. Metzger, 27 Mo. 65 ; Ex parte James, 50 Mo. 280; Pratt v. Oanfield, 67 Mo. 48. A mere certificate of a justice is not evidence. — Garr v. Youse, 39 Mo. 346. The transcript of the revived judgment was all that was necessary. —…
1Opinion of the CourtBakewell, J.
We adopt the statement of appellant, which is as follows : —
“Appellant filed in the circuit court a motion to quash two executions issued against him in favor of respondents, for the reasons: —
“1. That the same include illegal interest.
“2. That there is not filed in said court any transcript of the original judgments.
“3. It does not appear that the justice before whom judgments were obtained had jurisdiction of the defendant.
“ The plaintiffs in said judgments and executions having been served with notice of this application, appeared by counsel, and a hearing was had, at which appellant…
2Cases cited6 opinions
- Humphreys v. LundySupreme Court of Missouri · 1866
- Bauer v. BauerSupreme Court of Missouri · 1867
- Simpson v. WatsonMissouri Court of Appeals · 1884
- Ruby v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1867
- Carr v. YouseSupreme Court of Missouri · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sappington v. LenzMissouri Court of Appeals · 1893
- Babb v. BruereMissouri Court of Appeals · 1886