Goddard ex rel. Hyde v. Delaney
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Hoto. D. D. Fisher, Judge. (1) The court below erred in making the second order of revivor, because the judgment which it purported to revive was then more than ten years old. (a) The legislative history of the subject shows this was error.
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Error to St. Louis City Circuit Court. — Hoto. D. D. Fisher, Judge. (1) The court below erred in making the second order of revivor, because the judgment which it purported to revive was then more than ten years old. (a) The legislative history of the subject shows this was error. Geyer’s Dig. 265, sec. 59; R. S. 1825, p. 462, secs. 1, 3; R. S. 1835, pp. 339, 340, secs. 3, 6, 10; R. S. 1845, pp. 622, 623, secs. 3, 7, 12; p. 721, sec. 1; R. S. 1855, pp. 902, 903, secs. 3, 4, 10; p. 1053, sec. 16; G. S. 1865, p. 630, secs. 3, 4, 10; p. 749, sec. 31; R. S. 1879, secs. 2731, 2732, 2738, 3251; R.…
1Opinion of the Court
*569IN BANC.
2Per curiam
The following opinion in this case in Division No. 1 is adopted as the opinion of the Court in Banc.
Robinson, G. J., Burgess, Gantt and Vallicmt, JJ., concur in toto; Brace and Marshall, JJ., concur in paragraphs I, III and IY, and dissent in paragraph II; Fox, J., concurs in paragraphs II, III and IY, and dissents in paragraph I.
IN DIVISION ONE.
VALLIANT, J.
This cause comes up on a writ of error and presents for review the proceeding's of the circuit court in reviewing a judgment by scire facias. As there are several assignments of error we will state separately the facts which bear…
3Cases cited7 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Sutton v. ColeSupreme Court of Missouri · 1900
- State v. HoeffnerSupreme Court of Missouri · 1894
- Voullaire v. VoullaireSupreme Court of Missouri · 1870
2 more not listed; retrieve them via the Exa API.
4Cited by28 opinions
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- State Ex Rel. Silverman v. KirkwoodSupreme Court of Missouri · 1951
- Wormington v. City of MonettSupreme Court of Missouri · 1947
- Ferneau v. Armour and CompanyMissouri Court of Appeals · 1957
- Graff v. Continental Auto Insurance UnderwritersMissouri Court of Appeals · 1931
23 more not listed; retrieve them via the Exa API.