Legal Opinion

Heath's Assignment

Missouri Court of Appeals

Decided March 1, 1909PublishedCited by 3 opinions

Appeal from St. Glair Circuit Court. — Now. Chas. A. Denton, Judge. (1) There is no law authorizing a change of venue in matters of this kind. Change of venue is purely statutory and the statute must be strictly construed. State ex rel. v. Wofford, 119 Mo. 408; Cole v. Cole, 89 Mo. App. 233; State ex rel. v. Denton, 128 Mb. App. 304; State ex rel. v. Woodson, 86 Mo. App. 253; Morris v. Lane, 44 Mo.

Read the full summary

Appeal from St. Glair Circuit Court. — Now. Chas. A. Denton, Judge. (1) There is no law authorizing a change of venue in matters of this kind. Change of venue is purely statutory and the statute must be strictly construed. State ex rel. v. Wofford, 119 Mo. 408; Cole v. Cole, 89 Mo. App. 233; State ex rel. v. Denton, 128 Mb. App. 304; State ex rel. v. Woodson, 86 Mo. App. 253; Morris v. Lane, 44 Mo. App. 1; Michael v. Schroeder, 4 Harris & Johnson, 227; Scott v. Speed, 25 N. W. 200. (2) The law of assignments for the benefit of creditors is a scheme within itself, and if a change of venue is…

1Opinion of the CourtBroaddus, P. J.

This appeal grows out of a judgment of the court sustaining certain exceptions to the final report of the appellant as assignee in an assignment proceeding under the statute.

T. S. Heath, a merchant doing business at Weaubleau, Hickory county, in February, 1907, conveyed his property to B. F. Tucker as assignee for the benefit of creditors. The assignee in due time filed his final report as such assignee, to which Heath filed exceptions. Heath applied for a change of venue, which was sustained and the venue of the cause was changed to St. Glair county.

*350The facts which gave rise to the…

2Cases cited1 opinion

  1. State ex rel. Kochtitzky v. RileySupreme Court of Missouri · 1907

3Cited by3 opinions

  1. Hayes v. HayesSupreme Court of Missouri · 1952
  2. Layton v. HoughMissouri Court of Appeals · 1912
  3. Heath v. TuckerMissouri Court of Appeals · 1911

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API