Reinhold v. Kerrigan
Reinhold v. Kerrigan
Opinion of the Court
— This action was brought before a justice of the peace on March 24, 1898. It is based on a judgment rendered in the circuit court of the city of St. Louis on May 19, 1884. On a trial de novo in the circuit court the cause was submitted to the court, a jury having been waived. The defendant pleaded the statute of limitations and payment in bar of the action. The circuit court rendered a judgment against the defendant for $316.48, from which he has appealed.
The plea of the statute of limitations must be decided against the defendant. When the original judgment was rendered (1884) the statute provided that judgments of courts of record should be barred after twenty years (R. S. 1889, sec. 6796). In April, 1895 (Laws of 1895, p. 221), the legislature amended the law shortening the period of limitations as to such judgments to ten years. In the case of Cranor v. School District, 52 S. W. Rep. 232, the supreme court decided that the amended act was prospective and not retrospective. Nnder this interpretation of the new statute the plaintiff’s judgment was not affected by it.
In 1896 the attorney who recovered the original júdg
The exception that the judgment is excessive (the circuit court having failed to give credit for the amount paid to plaintiff’s attorney), must likewise be ruled against the defendant. It suffices to state that no such complaint was made in the motion for a new trial.
' The judgment of the circuit court will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.