Van Voorhies v. Taylor
Oregon Supreme Court
Union County: Jas. A. Fee, Judge. This is an action brought by A. A. Van Voorhies against E. G. Taylor, E. E. Taylor, and G. G. Taylor to recover nine hundred and ninety-two dollars and fifty-seven cents upon three promissory notes. An affidavit for an attachment, alleging that the payment of said sum had not been secured by any mortgage, lien, or pledge upon real or personal property, was filed, together with an undertaking therefor.
Read the full summary
Union County: Jas. A. Fee, Judge. This is an action brought by A. A. Van Voorhies against E. G. Taylor, E. E. Taylor, and G. G. Taylor to recover nine hundred and ninety-two dollars and fifty-seven cents upon three promissory notes. An affidavit for an attachment, alleging that the payment of said sum had not been secured by any mortgage, lien, or pledge upon real or personal property, was filed, together with an undertaking therefor. A writ was thereupon issued and the defendants’ property attached. The defendants, after demurring to the-complaint, filed a motion to dissolve the attachment…
1Opinion of the CourtJustice Moore
Will an appeal lie from an order dissolving an attachment, when no judgment has been rendered in the action, is the question presented by this record. An attachment is an auxiliary proceeding of statutory origin. A dismissal of the action or a judgment for the defendant necessarily dissolves it, but a dissolution of the attachment, while it may have the effect of rendering the judgment valueless, in no way affects the action. Attachment proceedings áre purely statutory, and, as no appeal from an order allowing or denying a motion to dissolve an attachment is prescribed thereby, it cannot be…
2Cases cited5 opinions
- Crawford v. RobertsOregon Supreme Court · 1880
- Snavely v. Abbott Buggy Co.Supreme Court of Kansas · 1887
- State ex rel. Mason v. MillerIndiana Supreme Court · 1878
- Sheppard v. YocumOregon Supreme Court · 1884
- H. D. Forbes & Bro. v. PorterSupreme Court of Florida · 1887
3Cited by8 opinions
- Carmichael v. CarmichaelOregon Supreme Court · 1921
- Clay v. ClayOregon Supreme Court · 1910
- La Grande v. Portland Public MarketOregon Supreme Court · 1911
- Nichols v. IngramOregon Supreme Court · 1915
- Farmers' Bank v. KeyOregon Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.