Blackburn v. Jackson
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. This was an action commenced in April, 1851, against Alvah Jackson and John Spillman on two promissory notes dated January 1, 1840 — one for $44, the other for $44.65— both payable one day after date.
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Appeal from Lawrence Circuit Court. This was an action commenced in April, 1851, against Alvah Jackson and John Spillman on two promissory notes dated January 1, 1840 — one for $44, the other for $44.65— both payable one day after date. The plaintiff by an amended petition introduced another cause of action — a judgment rendered in the circuit court of Allen county, Kentucky, in May, 1839, for 1253.93. This was a judgment by default, and was against William Coleman, Alvah Jackson and John Spillman. The return of the writ of' summons in this case was thus: “ Executed in full, May 3, 1839.…
1Opinion of the CourtNapton, Judge
The statute of limitations having been pleaded, it was error in the court to permit the verbal promise of Spillman to take the case out of the statute. Our law requires such promises, in order to be available, to be in writing. (R. C. 1845, p. 720, sec. 13.)
In relation to the Kentucky judgment, it is objected that the service of the writ of summons was insufficient, and that there is therefore no record of a judgment which can be enforced here. The return is “ executed in full.” The record contains this further statement: “ This day came the plaintiff by his attorney, and the defendants being…
2Cases cited1 opinion
- Williams v. BoyceSupreme Court of Missouri · 1848
3Cited by4 opinions
- Williams v. WilliamsMissouri Court of Appeals · 1893
- Hamill v. TalbottMissouri Court of Appeals · 1897
- State ex rel. Colvin v. SixSupreme Court of Missouri · 1883
- Walker v. McKemieSupreme Court of Oklahoma · 1914