¶1A 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.
83 Mo. App. 191
Holt v. Mansfield
Decided February 13, 1900
Missouri Court of Appeals · decided 1900-02-13
— Hon. Elliott M. Hughes, J udge. (1) We understand the court sustained the motion on the grounds that the last revival in circuit court was not based on a scire facias, but on an ordinary summons. This ruling is in direct conflict with rulings of our appellate courts. “A scire facias, though informal, will be good if it contains enough to show what judgment is intended to be revived.” Andrews v. Buckbee, II Mo. 428; Ins. Oo. v. Ilill, II Mo. App. 590.
Cited by 1 later decisions — most recently October 1986
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1900-02-13
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