Armstrong v. Crooks
Missouri Court of Appeals
Appeal from the Audrain. Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) “A proceeding by scire facias to revive a judgment is an action and the judgment therein is a new judgment.” Walsh v. Bosse, 16 Mo. App. 231; Kratz v. Preston, 52 Mo. App. 253. We submit that Walsh v. Bosse, supra, is conclusive as to the correctness of appellant’s contention.
Read the full summary
Appeal from the Audrain. Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) “A proceeding by scire facias to revive a judgment is an action and the judgment therein is a new judgment.” Walsh v. Bosse, 16 Mo. App. 231; Kratz v. Preston, 52 Mo. App. 253. We submit that Walsh v. Bosse, supra, is conclusive as to the correctness of appellant’s contention. (2) The petition, service upon respondent (which was by certified copy of petition and summons) and judgment in the revival suit was of the nature of a suit upon a former judgment. The judgment therefore of said suit was a valid judgment, even…
1Dissent
DISSENTING OPINION BY
JUDGE BIGGS.
It is the well-settled law of this state that a judgment of revival is a new judgment. Walsh v. Bosse, 16 Mo. App. 231. It is equally well settled that a judgment which shows on its face jurisdiction of the person and subject-matter is not subject to collateral attack. Fulkerson v. Davenport, 70 Mo. 541; Yates v. Johnson, 87 Mo. 213; McDonald v. Frost, 99 Mo. 44; Myers v. McRay, 114 Mo. 377; Freeman on Judgments, sec. 524. Neither can process issued on such a judgment be. attacked. Yeoman v. Younger, 83 Mo. 424. By jurisdiction of the subject-matter is meant…
2Cases cited7 opinions
- Fulkerson v. DavenportSupreme Court of Missouri · 1879
- Posthlewaite v. GhiselinSupreme Court of Missouri · 1888
- Walsh v. BosseMissouri Court of Appeals · 1884
- Myers v. McRaySupreme Court of Missouri · 1893
- Yeoman v. YoungerSupreme Court of Missouri · 1884
2 more not listed; retrieve them via the Exa API.