Reyburn v. Handlan
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) A judgment cannot be revived through proceedings upon a writ of scire facias in the name of the assignees. Such a judgment of revival is utterly void. Bick v. Tanzey, 181 Mo. 515; Goddard to the use of Hyde v. Delaney, 181 Mo. 564; Bank v. Lambert, 116 Mo. App. 620; Strother v. Hilliker, 120 Mo. App. 165; Bick v. Robbins, 131 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) A judgment cannot be revived through proceedings upon a writ of scire facias in the name of the assignees. Such a judgment of revival is utterly void. Bick v. Tanzey, 181 Mo. 515; Goddard to the use of Hyde v. Delaney, 181 Mo. 564; Bank v. Lambert, 116 Mo. App. 620; Strother v. Hilliker, 120 Mo. App. 165; Bick v. Robbins, 131 Mo. App. 670'. Proceedings by writ of scire facias are merely a continuance of the original suit. It was error, therefore, to revive the original judgment, establish a lien thereon and award…
1Opinion of the CourtReynolds, P. J.
On the 16th of January, 1909, Marceline R. Reyburn and Frederick G. Ziebig, as executors of the estate of the late Judge Valle Reyburn sued out, from the circuit court in which it had been rendered, a scire facias to revive a judgment rendered May 15, 1899, in favor of Judge Reyburn and against Eugene W. Handlan for $2000. It is set out *415in the application, called petition, for the scire facias, that Judge Reyburn died in September, 1907, naming and appointing his wife and Ziebig executrix and exec-tor (hereafter referred to for brevity as his representatives) ; that they had duly qualified…
2Cases cited4 opinions
- Morewood v. . HollisterNew York Court of Appeals · 1852
- Bick v. TanzeySupreme Court of Missouri · 1904
- Bick v. VaughnMissouri Court of Appeals · 1909
- Glidden-Felt Manufacturing Co. v. RobinsonMissouri Court of Appeals · 1912
3Cited by7 opinions
- Kennedy v. BodenMissouri Court of Appeals · 1950
- City of St. Louis v. MillerMissouri Court of Appeals · 1940
- Bankers Trust Co. v. ScottSupreme Court of Iowa · 1933
- In re Adoption of a MinorCourt of Appeals for the D.C. Circuit · 1943
- Nelson v. HammetSupreme Court of Missouri · 1961
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