Missouri Court of Appeals, 1900

Holt v. Mansfield

Holt v. Mansfield
Missouri Court of Appeals · Decided February 13, 1900 · Biggs, Bland, Bond
83 Mo. App. 191; 1900 Mo. App. LEXIS 149

Holt v. Mansfield

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.