Sublette v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from -the Adair Circuit Court. — lion. N. M. Shelton, Judge. (1) The execution in this case, based as it is upon a judgment more than ten years old, without reviver, is void.
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Appeal from -the Adair Circuit Court. — lion. N. M. Shelton, Judge. (1) The execution in this case, based as it is upon a judgment more than ten years old, without reviver, is void. R. S. 1889, sec. 6290, p. 1484; R. S. Mo. 1889, sec. 6020, p. 1436; George v. Middough, 62 Mo. 549; Pears v. Goff, 76 Mo. 92; Session Acts 1895, p. 201; Session Acts 1895, p. 221. (2) The appeal, although accompanied by a supersedeas bond, did not prevent or suspend the operation of the statute of limitations. Chouteau v. Nuckolls, 20 Mo. 442; Christy v. Elanagan, 87 Mo. 670; Green v. Dougherty, 55 Mo. App. 217;…
1Opinion of the CourtGill, J.
This is an appeal from an order of the lower court refusing to quash an execution. The original controversy arose before a justice of the peace in- Adair county, where -the plaintiff, in September, 1883, recovered a judgment for $125, and from which defendant appealed to the circuit court. In that court, on plaintiff’s motion, the appeal of defendant was dismissed. Defendant appealed from this order of the circuit court to the supreme coart — at least filed its affidavit and bond for appeal, which was approved and appeal granted. But defendant failed to prepare and have allowed a bill- of…
2Cases cited6 opinions
- George v. MiddoughSupreme Court of Missouri · 1876
- Wakefield v. BrownSupreme Court of Minnesota · 1888
- Christy v. FlanaganSupreme Court of Missouri · 1885
- Pears v. GoffSupreme Court of Missouri · 1882
- Sublette v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1896
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3Cited by2 opinions
- Investors Title Insurance Co. v. HerzigNorth Dakota Supreme Court · 2011
- Sublette v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906