Bennett v. Minott
Oregon Supreme Court
Appeal from Coos: J. C. Fullerton, Judge. This is a proceeding by Sandford Bennett in the nature of a creditor’s bill to subject to the payment of his claim certain property alleged to have been transferred by the defendant T. S. Minott to his codefendants the Coos Bay Hardware Company, a corporation, and to Lizzie H. Minott, for the purpose of hindering, delaying,' and defrauding creditors.
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Appeal from Coos: J. C. Fullerton, Judge. This is a proceeding by Sandford Bennett in the nature of a creditor’s bill to subject to the payment of his claim certain property alleged to have been transferred by the defendant T. S. Minott to his codefendants the Coos Bay Hardware Company, a corporation, and to Lizzie H. Minott, for the purpose of hindering, delaying,' and defrauding creditors. From the pleadings and evidence it appears that from the first day of August, eighteen hundred and ninety, to the eleventh day of June, eighteen hundred and ninety-two, Minott was engaged in the hardware…
1Opinion of the Court
On Motion to Dismiss Appeal.
2Per curiam
The notice of appeal was filed August thirtieth, eighteen hundred and ninety-four, and the proof of service indorsed thereon is as follows: “Due service and receipt of a copy hereof admitted after filing this twenty-eighth day of August, eighteen hundred and -ninety-four. J. W. Bennett, attorney for plaintiff.” It is contended (1) that the indorsement does not show the place of service; and (2) that T. S. Minott and Lizzie H. Minott are adverse and therefore necessary parties to the appeal.
1. The service of a notice of appeal may be made either upon the party or…
3Cases cited13 opinions
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Blanc v. Paymaster Mining Co.California Supreme Court · 1892
- Fox v. . MoyerNew York Court of Appeals · 1873
- Bailey v. IngleeNew York Court of Chancery · 1830
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
8 more not listed; retrieve them via the Exa API.
4Cited by31 opinions
- Amfac Foods, Inc. v. International Systems & Controls Corp.Oregon Supreme Court · 1982
- In re BrausCourt of Appeals for the Second Circuit · 1917
- Elvalsons v. Industrial Covers, Inc.Oregon Supreme Court · 1974
- Ryckman v. ManerudOregon Supreme Court · 1913
- Addison v. TessierNew Mexico Supreme Court · 1959
26 more not listed; retrieve them via the Exa API.