Kratz v. Preston
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) See Walsh v. Bossee, 16 Mo. App. 231, which, holds that “a judgment in scire facias to revive a judgment operates to avoid the statute of limitations, which then runs from its date, and not from that of the original judgment.” Poster on Scire Facias, p. 30; Farrenv. Beresford, 10 01. & Fin. 702. (2) A clear distinction is made in the books between an action and a .scire facias.
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Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) See Walsh v. Bossee, 16 Mo. App. 231, which, holds that “a judgment in scire facias to revive a judgment operates to avoid the statute of limitations, which then runs from its date, and not from that of the original judgment.” Poster on Scire Facias, p. 30; Farrenv. Beresford, 10 01. & Fin. 702. (2) A clear distinction is made in the books between an action and a .scire facias. Scire facias is only a continuation of a former suit, and hot an original proceeding. Humphreys v. Lwnd/y, 37 Mo. App. 320; 1 Ohitty on Pleading,…
1Opinion of the CourtEllison, J.
— This action is based on a judgment obtained by plaintiff against defendant in the state of Pennsylvania on the twenty-sixth of July, 1861, and which was revived in that state on the eleventh of February, 1891. The transcript of the judgment and revivor was excluded by the circuit court. Judgment being given for the defendant, plaintiff appealed.
*253The original judgment was rendered on the personal appearance of the defendant. The subsequent revivor on scire facias was had after defendant had removed to this state, and was obtained by issuing a scire facias and an alias with a return nihil to…
2Cases cited12 opinions
- Marx v. ForeSupreme Court of Missouri · 1872
- Humphreys v. LundySupreme Court of Missouri · 1866
- Latimer v. Union Pacific RailwaySupreme Court of Missouri · 1868
- Eager v. StoverSupreme Court of Missouri · 1875
- Ellis v. JonesSupreme Court of Missouri · 1873
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3Cited by5 opinions
- Sutton v. ColeSupreme Court of Missouri · 1900
- Union National Bank of Wichita v. LambSupreme Court of Missouri · 1948
- Smith v. KanderMissouri Court of Appeals · 1900
- Howell v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1899
- Sutton v. ColeMissouri Court of Appeals · 1898