Sutton v. Cole
Missouri Court of Appeals
Error to the Lmcoln Circuit Court. — Hon. E. M. Hughes, Judge. A proceeding to revive a judgment is not a new action, but merely a continuation of the old cause. Coomes v. Moore, 57 Mo. 338; Krats v. Preston, 52 Mo. App. 251. The right to a change of venue is purely statutory, and can not be allowed in any case where not specially given by statute.
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Error to the Lmcoln Circuit Court. — Hon. E. M. Hughes, Judge. A proceeding to revive a judgment is not a new action, but merely a continuation of the old cause. Coomes v. Moore, 57 Mo. 338; Krats v. Preston, 52 Mo. App. 251. The right to a change of venue is purely statutory, and can not be allowed in any case where not specially given by statute. State ex rel. v. Wofford, 119 Mo. 408. The statute gives no power or authority to a justice to grant a change of venue in a proceeding to revive a 'judgment. R. S. 1889, secs. 6240-6244. Judgments before a justice can be revived only by the justice…
1DissentBiggs, J.
(dissenting). — My associates decide that in a proceeding to revive a judgment rendered by a justice of the peace there can be no change of venue. To this I can not agree. The statute provides that in “any civil cause” pending before a justice of the peace either party shall be entitled to a change of venue. (R. S. 1889, sec. 6240.) That a scire facias to revive a judgment is a civil suit or civil action, has been decided by all of the appellate courts of the state. Milsap v. Wildman, 5 Mo. 425; State v. Hoeffner, 124 Mo. 488; Simpson v. Watson, 15 Mo. App. 425; Walsh v. Bosse, 16 Mo. App.…
2Cases cited6 opinions
- State v. HoeffnerSupreme Court of Missouri · 1894
- Wolff v. SchaefferMissouri Court of Appeals · 1877
- Simpson v. WatsonMissouri Court of Appeals · 1884
- Walsh v. BosseMissouri Court of Appeals · 1884
- Milsap v. WildmanSupreme Court of Missouri · 1838
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