George v. Middough
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. L The destruction of the record of the judgment did not destroy the judgment. If the proceedings to restore the record were void, then in 1862, when scire facias was issued to revive the judgments, said judgments were in the same situation as they were the following day after the burning of the records, and a scire facias may issue on a destroyed judgment. (Strain vs. Murphy, 49 Mo., 337.) II.
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Appeal from Caldwell Circuit Court. L The destruction of the record of the judgment did not destroy the judgment. If the proceedings to restore the record were void, then in 1862, when scire facias was issued to revive the judgments, said judgments were in the same situation as they were the following day after the burning of the records, and a scire facias may issue on a destroyed judgment. (Strain vs. Murphy, 49 Mo., 337.) II. Execution may issue at any time within ten yqars from the time such judgment may have been revived- by scire facias, otherwise there might be a lieu with no means of…
1Opinion of the CourtWagner, Judge
It appears from the récord that in 1859 certain judgments were rendered against defendants, and that in 1860 the records of the judgments in the county were destroyed by fire, including the judgments in question. At the next term of the court after the destruction by fire, the judgments were restored by order of the court, but this restoration was made on motion of plaintiff’s attorney without any notice whatever being given to defendants and without bringing them into *551court. The judgments were revived from time to time till 1867, the last renewal being in this last named year.
In February,…
2Cases cited3 opinions
- Strain v. MurphySupreme Court of Missouri · 1872
- Wood & Oliver v. EllisSupreme Court of Missouri · 1847
- Hoskins v. HelmCourt of Appeals of Kentucky · 1823
3Cited by33 opinions
- Albert J. Hoppe, Inc. v. St. Louis Public Service Co.Supreme Court of Missouri · 1950
- In Re the Trust Under the Last Will & Testament of JacksonMissouri Court of Appeals · 1956
- Baker v. BakerMissouri Court of Appeals · 1955
- Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1922
- Kansas City v. FieldSupreme Court of Missouri · 1917
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