Hickman v. Macon County
U.S. Circuit Court for the District of Eastern Missouri
At Law. This was a suit in two counts, the first count being on coupons of certain county bonds, and the second count on a judgment recovered by the plaintiff against the defendant in the United States circuit court for the western district of Missouri, in the year 1883, before Macon county was attached to the eastern judicial district of Missouri.
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At Law. This was a suit in two counts, the first count being on coupons of certain county bonds, and the second count on a judgment recovered by the plaintiff against the defendant in the United States circuit court for the western district of Missouri, in the year 1883, before Macon county was attached to the eastern judicial district of Missouri. Defendant disputed the right to recover oil the judgment, for the reason that an execution might yet he sued out on the judgment in the western district, and' also for the reason that, under the fourth section of the act of .February 28, 1887, (24…
1Opinion of the Court
Thayer, J.,
(orally, after stating the facts as above.) It has been held that a suit on a judgment may be maintained in the same court in which *760the judgment was recovered, although tlie time has not expired within which an execution may be sued out on the judgment. Such rulings, it seems, are based on the ground that the right to an execution on a judgment is merely cumulative, and does not take away the common-law right to sue on an unpaid judgment as often as the judgment creditor elects to sue. Simpson v. Cochran, 23 Iowa, 81, 92 Amer. Dec. 410, and cases cited. This doctrine would probably…
2Cases cited1 opinion
- Simpson v. Cochran & CherrieSupreme Court of Iowa · 1867
3Cited by4 opinions
- Denton v. BakerCourt of Appeals for the Ninth Circuit · 1897
- Town of Fletcher v. HickmanCourt of Appeals for the Eighth Circuit · 1908
- Davis v. FoleySupreme Court of Oklahoma · 1916
- American Railway Express Co. v. F. S. Royster Guano Co.Supreme Court of Virginia · 1925