Schneider v. Maney
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) Plaintiff’s petition is grounded, and his cause of action founded, upon a liability of the defendant to plaintiff upon the revivor judgments and not upon the original judgments. At the time the revivor judgment was taken plaintiff had no legal right to obtain such revivor in his own name, and the judgments so taken were null and void.
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Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) Plaintiff’s petition is grounded, and his cause of action founded, upon a liability of the defendant to plaintiff upon the revivor judgments and not upon the original judgments. At the time the revivor judgment was taken plaintiff had no legal right to obtain such revivor in his own name, and the judgments so taken were null and void. Goddard v. Delaney, 181 Mo. 564; Bick v. Tanzey, 181 Mo. 515; Bick v. Bobbins, 131 Mo. App. 673. The several causes of action set out in plaintiff’s petition were founded upon the revivor…
1Opinion of the CourtValliant, J.
This is a suit on three judgments, one in favor of Francis T. Conrad for $13,493.97, another in favor of Martha Clark for $7613.15, and the third in favor of Agnes Conrad for $7613.51, all rendered in the circuit court of Buchanan county, October 3, 1893, and all assigned to J. G-. Schneider, the plaintiff in this suit. The judgments were founded on an administrator’s bond executed by James Walsh, as principal, and six sureties, Lutz, Smith, Rogers, Ullman, Fuelling and the defendant in this suit, Maney. Before the assignment to Schneider the judgments were released as to Rogers, and after…
2Cases cited2 opinions
- Swinhart v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1907
- Vaughn v. HadenSupreme Court of Missouri · 1866
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- Pauley v. Business Men's Assurance Co. of AmericaMissouri Court of Appeals · 1924
- Semper v. the American PressMissouri Court of Appeals · 1925
- Johnson v. StewartWashington Supreme Court · 1939
- In Re MonnigMissouri Court of Appeals · 1982
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