Chiles v. School District of Buckner
Missouri Court of Appeals
Appeal from Jackson. Circuit Court. — Hon. J. II. Slover, Judge. (1) The statute applicable to this case is that which was in force in 1880, when the judgment was rendered.
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Appeal from Jackson. Circuit Court. — Hon. J. II. Slover, Judge. (1) The statute applicable to this case is that which was in force in 1880, when the judgment was rendered. This statute is section 3251 of the Revised Statutes of 1879, which is the same as section 6796 of the Revised Statutes of 1889. Cranor v. School District, 151 Mo. 119; MeFaul v. Haley, 166 Mo. 56. (2) This statute was first enacted in 1835 and is not a statute of limitation, but is one establishing a rule of evidence. R. S. 1835, p. 396, sec. 1; Clemens v. Wilkinson, 10 Mo. 97; Smith v. Benton, 15 Mo. 371; Gaines v.…
1Opinion of the CourtSmith, P. J.
— On July 19, 1880, a judgment was given in favor of plaintiff and against defendant for $163.75. On June 20, 1890, a writ of scire facias was sued out and said judgment revived April 10,1891. On September 27,1901, this action was brought. The petition is in two counts, the first of which seeks to recover upon the judgment and the revivor of it; the second alleges the rendition and revivor of it and to repel the presumption of payment arising from the lapse of time sets out certain acknowledgments of indebtedness in writing made in 1897 by defendant in its answer in an action against it in…
2Cases cited4 opinions
- Gaines v. MillerSupreme Court of the United States · 1884
- Cape Girardeau County ex rel. Road & Canal Fund v. HarbisonSupreme Court of Missouri · 1874
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
- Knight v. MacomberSupreme Judicial Court of Maine · 1868
3Cited by8 opinions
- Northwestern Brewers Supply Co. v. VorheesSupreme Court of Missouri · 1947
- Swan v. SheltonMissouri Court of Appeals · 1971
- Zimmermann v. Supreme Tent of the Knights of the Maccabees of the WorldMissouri Court of Appeals · 1907
- Ballard v. Standard Printing Co.Supreme Court of Missouri · 1947
- Bowman v. HolmanOregon Supreme Court · 1909
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