Walsh v. Bosse
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. Scire facias is an action. — Milsap v. Wildman, 5 Mo. 428 ; Simpson v. Watson, 15 Mo.’ App. 425. The statute runs from the date of the judgment of revivor. — Mullilcan v. Duval, 7 Gill & J. 360; Weaver v. JBoolcs, 38 Mo. 255; Fagan v. Bentley, 32 Ga. 534. Scire facias is a judicial writ, and not a new suit. —Humphreys v. Lundy, 37 Mo. 320; The State v. Heed, 62 Mo. 559 ; Ellis v. Jones, 51 Mo. 180; Greer v. Bank, 10 Ark.…
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Appeal from the St. Louis Circuit Court, Adams, J. Scire facias is an action. — Milsap v. Wildman, 5 Mo. 428 ; Simpson v. Watson, 15 Mo.’ App. 425. The statute runs from the date of the judgment of revivor. — Mullilcan v. Duval, 7 Gill & J. 360; Weaver v. JBoolcs, 38 Mo. 255; Fagan v. Bentley, 32 Ga. 534. Scire facias is a judicial writ, and not a new suit. —Humphreys v. Lundy, 37 Mo. 320; The State v. Heed, 62 Mo. 559 ; Ellis v. Jones, 51 Mo. 180; Greer v. Bank, 10 Ark. 456; Freem. on Judg., sects. 442, 444.
1Opinion of the CourtBakewell, J.
Judgment was rendered against defendants on December 3, 1860, in the St. Louis court of common pleas. This judgment was revived by scire facias. The writ was duly served on all the defendants, and the judgment of revival was entered in the same court, on May 23, 1864, in due form, for $1,650, the amount of the original judgment. The petition in the present case sets out these facts, and asks judgment for $1,650, with interest from December 3, 1860.
Defendant demurred, on the ground that the petition does not set forth constitutive facts, in this : that it appears that the judgment on which…
2Cases cited1 opinion
- Simpson v. WatsonMissouri Court of Appeals · 1884
3Cited by11 opinions
- Sutton v. ColeSupreme Court of Missouri · 1900
- Lafayette County v. WonderlyCourt of Appeals for the Eighth Circuit · 1899
- Kratz v. PrestonMissouri Court of Appeals · 1893
- Stewart v. Justices of St. Clair County CourtU.S. Circuit Court for the District of Western Missouri · 1891
- Gregory v. PerrySupreme Court of South Carolina · 1905
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