S. J. Long & Son v. Thormond
Missouri Court of Appeals
Appeal from tbe Eranldin Circuit Court. — lion. Rudolph • Uirzel, Judge. (1) Tbe error, complained of on tbis appeal is tbe action of tbe trial court in sustaining defendant Bieldes’ motion to dismiss. Tbis is a proceeding under section 6291,' Eevised Statutes of Missouri 1899, to revive a judgment.
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Appeal from tbe Eranldin Circuit Court. — lion. Rudolph • Uirzel, Judge. (1) Tbe error, complained of on tbis appeal is tbe action of tbe trial court in sustaining defendant Bieldes’ motion to dismiss. Tbis is a proceeding under section 6291,' Eevised Statutes of Missouri 1899, to revive a judgment. Long before tbe commencement of tbis proceeding, one of tbe defendants paid half the judgment and was discharged, and this is a proceeding against the remaining defendant to revive the remainder of said judgment. The section above cited prescribes the necessary allegations of the complaint, which…
1Opinion of the CourtBond, J.
This is a scire facias to revive a justice’s judgment upon the affidavit of plaintiffs’ attorney, filed with the successor of the justice who rendered the original judgment. The writ was issued on May 1, 1898, citing the two defendants to appear on the twenty-first of said month, and show cause why the judgment should not be revived. The return of the officer shows service upon defendant Pickles and a non est as to defendant Thormond. The proceedings were dismissed on motion in the justice’s court, and an appeal taken to the circuit court, where on a trial of the motion to dismiss the writ,…
2Cases cited9 opinions
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
- Humphreys v. LundySupreme Court of Missouri · 1866
- Corby v. TracySupreme Court of Missouri · 1876
- Coomes v. MooreSupreme Court of Missouri · 1874
- Sublett v. NelsonSupreme Court of Missouri · 1866
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3Cited by2 opinions
- Ennis v. McLagganMissouri Court of Appeals · 1980
- Glidden-Felt Manufacturing Co. v. RobinsonMissouri Court of Appeals · 1912