Lanning v. Lanning, No. KCD

CourtMissouri Court of Appeals
Writing for the CourtPER CURIAM; PER CURIAM
Citation574 S.W.2d 460
PartiesIreta June LANNING, Plaintiff-Appellant, v. William O. LANNING, Defendant-Respondent. 29561.
Decision Date30 October 1978
Docket NumberNo. KCD

Page 460

574 S.W.2d 460
Ireta June LANNING, Plaintiff-Appellant,
v.
William O. LANNING, Defendant-Respondent.
No. KCD 29561.
Missouri Court of Appeals, Kansas City District.
Oct. 30, 1978.
Rehearing Denied Nov. 27, 1978.

Page 461

Charles F. Crews, Crews, Milliard & South, Kansas City, for plaintiff-appellant.

Henry H. Fox, Jr., and John R. Coffin, Kansas City, for defendant-respondent.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.

PER CURIAM.

Plaintiff (appellant) and defendant (respondent) were divorced per a final decree dated January 15, 1965, which, inter alia, ordered defendant to pay to plaintiff the sum of $100.00 per month for support of a minor child born of the marriage. Execution was issued on March 7, 1977, to enforce the judgment for child support and a writ of garnishment in aid thereof was served on Covert Marine Co., Inc., as garnishee. Defendant filed a motion to quash the garnishment on March 25, 1977, on the ground that the January 15, 1965, judgment was "dormant and of no effect pursuant to Section 516.350." 1 The motion to quash was sustained, the writ of garnishment was duly quashed by the trial court, and this appeal by plaintiff ensued.

Judgments in divorce actions providing for periodic payments for support of minor children, such as the one presently involved on appeal, are subject to the same incidents as money judgments in actions at

Page 462

law and pursuant to Section 516.350, RSMo1969, are "presumed to be paid and satisfied after the expiration of ten years from the date of the original rendition thereof" absent being kept alive by payments within such period or by revival. Peterson v. Peterson, 273 S.W.2d 239, 241 (Mo.1954); Mayes v. Mayes, 342 Mo. 401, 116 S.W.2d 1, 3 (1938); and Sisco v. Sisco, 339 S.W.2d 283, 288 (Mo.App.1960). 2 The presumption of payment and satisfaction created by Section 516.350, supra, "wipes out or cancels the debt itself" and "extinguishes the right of action", and in this sense is distinguishable from the ordinary statute of limitations which merely bars the remedy. Wormington (Woolsey) v. City of Monett, 358 Mo. 1044, 218 S.W.2d 586, 588 (banc 1949).

Although plaintiff concedes that no timely writ of scire facias was ever sued out to revive the judgment and that execution was issued more than twelve years after its rendition, she nevertheless maintains that payments were made on the judgment within ten years of its rendition which breathed continuing life into it....

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4 practice notes
  • Tudor v. Tudor, No. 11649
    • United States
    • Court of Appeal of Missouri (US)
    • May 26, 1981
    ...This statute and predecessors thereof are applicable to judgments for periodic alimony and child support payments. Lanning v. Lanning, 574 S.W.2d 460, 461-462(1) (Mo.App.1978). Although the result admittedly does not commend itself, a former spouse's periodic payments of decretal alimony or......
  • Shockley v. Harry Sander Realty Co., Inc., No. 54634
    • United States
    • Missouri Court of Appeals
    • June 6, 1989
    ...from the ordinary statute of limitations which merely bars the remedy," in that it in effect cancels the debt. Lanning v. Lanning, 574 S.W.2d 460, 462 (Mo.App.1978). Compare Rincon v. Rincon, 571 S.W.2d 475, 476 We likewise find no merit in a third contention first asserted by respondents o......
  • In re Estate of Miller, No. ED 90722.
    • United States
    • Court of Appeal of Missouri (US)
    • September 23, 2008
    ...516.350 because the statute "wipes out or cancels the debt itself" and "extinguishes the right of action." Id.; Lanning v. Lanning, 574 S.W.2d 460, 462 (Mo.App.1978) (quoting Wormington (Woolsey) v. City of Monett, 358 Mo. 1044, 218 S.W.2d 586, 588 (1949)). Thus, a claim against an estate t......
  • Pourney v. Seabaugh, No. 41780
    • United States
    • Missouri Court of Appeals
    • October 15, 1980
    ...That decision has been consistently followed in Missouri. See, Swan v. Shelton, 469 S.W.2d 943 (Mo.App.1971); Lanning v. Lanning, 574 S.W.2d 460 (Mo. App.1978). The statute is apparently designed to replace the common law doctrine that forebearance for 20 years unexplained, unaccounted and ......
4 cases
  • Tudor v. Tudor, No. 11649
    • United States
    • Court of Appeal of Missouri (US)
    • May 26, 1981
    ...This statute and predecessors thereof are applicable to judgments for periodic alimony and child support payments. Lanning v. Lanning, 574 S.W.2d 460, 461-462(1) (Mo.App.1978). Although the result admittedly does not commend itself, a former spouse's periodic payments of decretal alimony or......
  • Shockley v. Harry Sander Realty Co., Inc., No. 54634
    • United States
    • Missouri Court of Appeals
    • June 6, 1989
    ...from the ordinary statute of limitations which merely bars the remedy," in that it in effect cancels the debt. Lanning v. Lanning, 574 S.W.2d 460, 462 (Mo.App.1978). Compare Rincon v. Rincon, 571 S.W.2d 475, 476 We likewise find no merit in a third contention first asserted by respondents o......
  • In re Estate of Miller, No. ED 90722.
    • United States
    • Court of Appeal of Missouri (US)
    • September 23, 2008
    ...516.350 because the statute "wipes out or cancels the debt itself" and "extinguishes the right of action." Id.; Lanning v. Lanning, 574 S.W.2d 460, 462 (Mo.App.1978) (quoting Wormington (Woolsey) v. City of Monett, 358 Mo. 1044, 218 S.W.2d 586, 588 (1949)). Thus, a claim against an estate t......
  • Pourney v. Seabaugh, No. 41780
    • United States
    • Missouri Court of Appeals
    • October 15, 1980
    ...That decision has been consistently followed in Missouri. See, Swan v. Shelton, 469 S.W.2d 943 (Mo.App.1971); Lanning v. Lanning, 574 S.W.2d 460 (Mo. App.1978). The statute is apparently designed to replace the common law doctrine that forebearance for 20 years unexplained, unaccounted and ......

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