The Holt County sentinel. (Oregon, Mo.) 1883-1980, 1895-06-28
It Will be Disastrous.

Among the enactments of the last
General Assembly, overlooked in the
rush by large msjority Of our people,
10 one that will produce results of the
utmost importance If it sccomplishes
ell that appears to have been expected
Of it when rushed through SO quickly.
It lie already puzZling some OF the legal
lights Of the state who know OF its exis-
tence, and upon it's taking effect Friday
OF last week, there were doubtless many
who wished they had been better in
formed as to the proceedings leading up
to the passage OF such bill.
Tho measure, which received the
governors signature on April 9th, re-
atss to the rights Of judgment credi-
tors. 1t curtails their power OF securing
execution in Missouri ON judgment
obtained 10 any court 10 any state, ans
10 the opinion Of many competent to
judge, will vitiate Judgments by the
hundreds that are now 10 effect but
unexpected. Whether the law will &C
CONF lIsh the evident intention of its
trainers lie question that is disputed
smony we'll known lawyers.
Under the old law judgment credi-
tor, by revIving his judgment every
three years by motion in the court
whore it was obtained, could secure
execution::u pom it at any time within ten
years after its rendition. At any time
after the expiration Of ten years and
within twenty years from the date of
its rendition, the judgment creditor
could institute suit upon the judg-
ment, ~ q now action, and securing a
new judgment. cause execution 10 issue.
The new law that took effect last
Friday. destroys the right to bring suit
on judgment and entirely vitiates the
latter utter the expiration Of ten years
from the date Of it's rendition. The new
Law repeals section 6796 Of the present
statutes, and reads as follows:
Every judgment, order or decree OF
any court OF record OF the United States,
OF this or any other state or territory,
shall be presumed to he paid and salts
fed after the expiration OF ten years
from the day OF the rendition Of such
judgment, order or decree; or in case
. payment has been made thereon, and
duly entered upon the record thereof,
after the expiration OF ten years from
the dav Of the last payment SD made.
And after the expiration Of ten years
from the day OF the rendition, or from
the day OF the last payment, 10 execu-
ton, order or process shall issue there
on and neither shall any suit be brought
thereon to collect the amount OF the
sa:ne Is debt.
The questions that have arisen are:
Can the new law, without losing its
oonstitutionslity, affect judgements rem
dsred before it takes effect? Can it
affect judgments rendered ten years
sgo? And can it affect judgments rem
koo
seems little conflict among lawyers as
to the affirmative to the first question:
The second 10 OF greater Importance. Ii
answered by the courts In the affirma-
tive. no urexecuted judgment OF ten
executed after that day. This will re.
that period. 1t will result in freeing
these people absolutely. permitting
them to start anew without incum-
brsuce. This feature Of the law has
caused it to be viewed with alarm by
many.
The outlook under the new law is
very pleasant for the lawyers and very
dreary for the litigants. With an array
OF authorities on both sides. fatty con-
tradicting each other apparently, de.
cislon may be expected under it either
way, and it is probable that by the time
the matter is settled. the St. Cliar coun
~ judges now in jail by a mandate Of
the United States court, will have pass
cd to the beyond, az it is believed the
new law will have direct bearing upon
this county and bond case, which re-
suited in the imprisonment ct the coun
ty court judges.
Az to what extent this law would at
feet Holt county, should it be held t.
apply to judgments issued prior to it,
enactment, no one can tell but it, prob
able. at least possible, that a fifth OF
sixth OF the debt Is in judgments more
than ten years old.
1t seems very clear the law was fran
cd TO apply to just such judgments a
hang over, Cass, st. Clair, Macon ant
other counties for payment OF count!
bonds issued for the construction o.
railroads, built or unbuilt. In othe
words to any and all old judgments tina
now exist, or many be obtained, blu
whether the holders will be able to de
feat this object remains to be seen.