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.
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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…
1Opinion of the Court
BLAND, P J.
On September 30, 1896, the following judgment was rendered against respondent by the Audrain Circuit Court, to wit: “Now on this thirtieth day of September, 1896, the above cause coming on for trial, upon plaintiff’s petition to revive his judgment against the defendant, and the court finds that the defendant has been personally served with writ of scire facias as under the law in such cases provided, and this cause is submitted to the court, and the court finds for the plaintiff and doth order, adjudge and decree that plaintiff’s judgment be, and the same is herebv *144revived from…
2Cases cited4 opinions
- Humphreys v. LundySupreme Court of Missouri · 1866
- State v. HoeffnerSupreme Court of Missouri · 1894
- Merchants' Mutual Insurance v. HillMissouri Court of Appeals · 1885
- Sutton v. ColeMissouri Court of Appeals · 1898
3Cited by5 opinions
- Bick v. VaughnMissouri Court of Appeals · 1909
- Wolfe v. Thomasson (In Re Thomasson)United States Bankruptcy Court, W.D. Missouri · 1986
- Bick v. DixonMissouri Court of Appeals · 1910
- Glidden-Felt Manufacturing Co. v. RobinsonMissouri Court of Appeals · 1912
- S. J. Long & Son v. ThormondMissouri Court of Appeals · 1900