Missouri Court of Appeals, 1900

Holt v. Mansfield

Missouri Court of Appeals · Decided February 13, 1900 · Biggs, Bland, Bond

83 Mo. App. 191; 1900 Mo. App. LEXIS 149

Cases that cite this one

1 later published case cites this decision.

Wolfe v. Thomasson (In re Thomasson) (United States Bankruptcy Court, W.D. Missouri 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BLAND,' P. J.

A motion to quash an execution issued on a revival judgment in the above entitled cause was sustained, from which ruling Holt, the execution plaintiff, appealed. The judgment was revived on a petition and ordinary summons, and was by default. As we held in Armstrong ,v. Crooks, decided at this term, the judgment of revival is void because by default and not on scire facias. Eor the reasons stated in the latter case, the judgment of the circuit court is affirmed.

Judge Bond concurs; Judge Biggs dissents.

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