32 Mo. 551
Decided July 15, 1862
Supreme Court of Missouri · decided 1862-07-15
. The appellant here obtained a judgment against John McHenry in the Greene Circuit Court, in 1855, for one hundred and ninety-seven dollars and eighty-one cents, and execution therefor was issued from the office of said Circuit Court directed to the sheriff of said county of Greene, and returnable to the March term, 1856, of said court. At that time the respondent here was the sheriff of the county of Greene. .
Decided 1862-07-15
¶1delivered the opinion of the court. .
¶2This proceeding is barred by the act of limitation. (R. C. 1855, title Limitation, Art. 2, § 4, p. 1048.) It being a summary proceeding by motion, in which no form of pleading is prescribed, we cannot require that the act of limitation shall have been formally pleaded. '
¶3Judgment affirmed.