Legal Opinion

Neilson v. Title Guaranty & Surety Co.

Oregon Supreme Court

Decided July 30, 1921PublishedCited by 6 opinions

From Multnomah.: Robert Gr. Morrow, Judge. Department 1. This is an appeal from a decree of the Circuit Court of Multnomah County. Owing to the diversity of interests involved a statement of the issues is somewhat difficult, but is substantially as follows: “The City of Rainier undertook to improve certain streets and created two improvement districts.

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From Multnomah.: Robert Gr. Morrow, Judge. Department 1. This is an appeal from a decree of the Circuit Court of Multnomah County. Owing to the diversity of interests involved a statement of the issues is somewhat difficult, but is substantially as follows: “The City of Rainier undertook to improve certain streets and created two improvement districts. It then entered into a contract with one Charles Masters, under which said Masters agreed to furnish the material and do the work for improving certain streets, payment to be made in warrants drawn upon the funds of the improvement districts…

1Opinion of the CourtMcBRIDE, J.

This appeal involves the validity of the judgments obtained by plaintiff and the Title Guaranty & Surety Company (which for convenience we hereafter designate as “the surety company”) *273against Masters. If the judgments obtained through service by publication are valid, the appellants must prevail here. If they are void, neither plaintiff nor the surety company has through them any standing to contest the claims of the respondents. The validity of the various claims of defendant Moody and of the intervener representing the estate of L. M. Bates and the intervener Daniel Kern, will be discussed…

2Cases cited8 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Ancient Order of Hibernians v. SparrowMontana Supreme Court · 1903
  3. Little v. City of PortlandOregon Supreme Court · 1894
  4. Hurd v. McClellanSupreme Court of Colorado · 1890
  5. Moore Realty Co. v. CarrOregon Supreme Court · 1912

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3Cited by6 opinions

  1. Crouter v. United Adjusters, Inc.Oregon Supreme Court · 1971
  2. Security Investment Co. v. MillerOregon Supreme Court · 1950
  3. Osburn v. DeforceOregon Supreme Court · 1927
  4. Ruby v. WhittenOregon Supreme Court · 1926
  5. Crouter v. United Adjusters, Inc.Oregon Supreme Court · 1971

1 more not listed; retrieve them via the Exa API.

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