Doellner v. Rogers
Supreme Court of Missouri
•Appeal from St. Louis Circuit Court. insisted that tbe new code of practice abolishes the writ of scire facias, as a remedy to enforce a mechanic’s lien. He based his argument upon article one, section one ; article five, section one ; article six, section one ; article seven, section two, and article thirty, section four. This writ does not come within the exceptions in article thirty, section six.
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•Appeal from St. Louis Circuit Court. insisted that tbe new code of practice abolishes the writ of scire facias, as a remedy to enforce a mechanic’s lien. He based his argument upon article one, section one ; article five, section one ; article six, section one ; article seven, section two, and article thirty, section four. This writ does not come within the exceptions in article thirty, section six. The writ of scire facias has not been abolished by statute, but, on the contrary, is expressly preserved in article thirty, section six, of the new code. It is preserved by name as scire facias,…
1Opinion of the CourtScott, Judge
This was a proceeding under the statute concerning mechanics’ liens, to enforce a claim against a building. The only question presented by the record is, whether the remedy by scire facias given by the lien law is taken away by the late code of practice.
The sixth section of the thirtieth article of the late act concerning proceedings in courts of justice enacts, that until the legislature shall otherwise provide, this act shall not affect proceedings upon mandamus, quo warranto, prohibition, information, scire facias to repeal letters patent, nor to any special statutory remedy not heretofore…
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