Lafayette County v. Wonderly
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Missouri. The writ of error in this case challenges a judgment of revivor (77 Fed. 665) upon a writ of scire facias on a judgment against the county of Lafayette, in the state of Missouri, rendered on October 81, 1885. The writ was issued on October 25, 1895. It was in the usual form.
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In Error to the Circuit Court of the United States for the Western District of Missouri. The writ of error in this case challenges a judgment of revivor (77 Fed. 665) upon a writ of scire facias on a judgment against the county of Lafayette, in the state of Missouri, rendered on October 81, 1885. The writ was issued on October 25, 1895. It was in the usual form. It recited the judgment of 1885;-the fact that it had been assigned to Charles P. Wonderly, the defendant in error; that it was suggested that this judgment had never been satisfied; that the defendant in error had asked that the…
1Opinion of the Court
SANBORN, Circuit Judge.
The proceeding by writ of scire facias to revive a personal judgment is statutory. It had its origin in the statute of Westminster II. (13 Edw. I. c. 45). It is not an original proceeding, but a mere continuance of the former suit, — a supplementary remedy to aid in the recovery of the debt evidenced by the original judgment. Adams v. Savage, 3 Salk. 321, 2 Bac. Abr. '598; McGill v. Perrigo, 9 Johns. 259; Humphreys v. Lundy, 37 Mo. 320, 323. Its purpose is not to raise the issue of the validity of the original judgment, but to offer the debtor an opportunity to show, if…
2Cases cited21 opinions
- Mitchell v. HawleySupreme Court of the United States · 1873
- Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
- Standley v. RobertsCourt of Appeals for the Eighth Circuit · 1894
- Madden v. Lancaster CountyCourt of Appeals for the Eighth Circuit · 1894
- Morgan v. City of Des MoinesCourt of Appeals for the Eighth Circuit · 1894
16 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- United States v. Missouri Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1914
- United States ex rel. Masslich v. SaundersCourt of Appeals for the Eighth Circuit · 1903
- Collin County Nat. Bank v. HughesCourt of Appeals for the Eighth Circuit · 1907
- Quill v. Carolina Portland Cement Co.Supreme Court of Alabama · 1929
16 more not listed; retrieve them via the Exa API.