Mullen v. Hewitt
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court'. On February 15, 1888, appellant filed Inis petition in the circuit court, city of St. Louis, against Charles Hewitt, M. A. Wolff, F. G. Flanagan, J. H. Douglass, J. W. Grant, J. I. Percy and F. L. Bixler.
Read the full summary
Appeal from St. Louis City Circuit Court'. On February 15, 1888, appellant filed Inis petition in the circuit court, city of St. Louis, against Charles Hewitt, M. A. Wolff, F. G. Flanagan, J. H. Douglass, J. W. Grant, J. I. Percy and F. L. Bixler. “ For cause of action plaintiff avers that he with one Lucy Mullen, on sixth day of December, 1877, recovered judgment in the circuit court of the city of St. Louis against defendant Charles Hewitt for $3,878.10 ; that at the February term, 1878, an execution issued on said judgment addressed to sheriff of St. Louis City, against the property of…
1Opinion of the CourtGantt, P. J.
The ;only question to be determined in this case is the sufficiency of the petition. The circuit court sustained a demurrer, and plaintiff has brought the case here.
The purpose of the bill in this case, succinctly stated, is to oollect a dormant judgment by a decree in equity, without reviving the judgment or being entitled to an execution.
The bill on its face discloses that the judgment it seeks to collect was rendered December 6, 1877, against Charles Hewitt for $3,878.10, and this action was not commenced until February 15, 1888. The only legal step ever taken to collect this judgment was…
2Cases cited4 opinions
- Merry v. FremonSupreme Court of Missouri · 1869
- Crim v. WalkerSupreme Court of Missouri · 1883
- Bobb v. BobbSupreme Court of Missouri · 1882
- Fisher v. TallmanSupreme Court of Missouri · 1881
3Cited by22 opinions
- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Coleman v. HageySupreme Court of Missouri · 1913
- Davidson v. DockerySupreme Court of Missouri · 1904
- Buckley v. MaupinSupreme Court of Missouri · 1939
- Ready v. SmithSupreme Court of Missouri · 1902
17 more not listed; retrieve them via the Exa API.