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…
1Opinion of the CourtBond, J.
On the twenty-seventh of September, 1881, J. B. Allen, justice of the peace of Bedford township, Lincoln county, Missouri, made the following entry in his docket:
“Zachariah Martin, Adm’r, J. F. Willhoefft, Plaintiff, “v.
“Thos. A. Cole, Jas. R. Young and Andrew Stephens, Deft’s.
“Action on note dated -. Total amount claimed, $283.58.
“On the 27th day of September, 1881, the plaintiff files note and demands that a summons be issued against the defendants which is done, etc., etc., and on the 14th day of November, 1881, the justice rendered a judgment against defendants Cole and Young for $283.58,…
2Cases cited4 opinions
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- State ex rel. Cottrell v. WoffordSupreme Court of Missouri · 1894
- State v. HockadaySupreme Court of Missouri · 1889
- Kincaid v. GriffithMissouri Court of Appeals · 1896
3Cited by3 opinions
- Bick v. VaughnMissouri Court of Appeals · 1909
- Armstrong v. CrooksMissouri Court of Appeals · 1900
- S. J. Long & Son v. ThormondMissouri Court of Appeals · 1900