Legal Opinion

Mozorosky v. Hurlburt

Oregon Supreme Court

Decided June 3, 1921Published

From Multnomah.: George W. Stapleton, Judge. Department 2. Sol Swire obtained a judgment against plaintiff, Jos. Mozorosky, for the sum of $1,600, under the provisions of Section 8264, Or. L. The brief states that plaintiff appealed from that judgment to this court. After the .rendition of the judgment, Swire procured the arrest ■ of Mozorosky under Sections 218 and 259, Or. L., claiming that in case of a gambling debt recovered under Section 8264, Or.

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From Multnomah.: George W. Stapleton, Judge. Department 2. Sol Swire obtained a judgment against plaintiff, Jos. Mozorosky, for the sum of $1,600, under the provisions of Section 8264, Or. L. The brief states that plaintiff appealed from that judgment to this court. After the .rendition of the judgment, Swire procured the arrest ■ of Mozorosky under Sections 218 and 259, Or. L., claiming that in case of a gambling debt recovered under Section 8264, Or. L., execution for the body might be issued and the debtor arrested. Plaintiff was arrested on April 16, 1921, and has since been imprisoned.…

1Opinion

On the Merits.

This application involves the denial of the petition of one Jos. Mozorosky for a writ of habeas corpus. From a copy of the complaint attached to and made a part of the petition herein, it appears that the petitioner was a defendant in an action prosecuted by one Sol Swire as plaintiff, for the purpose of recovering the sum of $1,600, double the amount of Swire’s losses at a gambling table conducted by Jos. Mozorosky. The complaint shows that Jos. Mozorosky, petitioner herein and the defendant in the above mentioned action, “operated and conducted, as proprietor, a gambling place…

2Cases cited21 opinions

  1. Chase v. CurtisSupreme Court of the United States · 1885
  2. Higgins v. McCreaSupreme Court of the United States · 1886
  3. Meech v. . StonerNew York Court of Appeals · 1859
  4. Pearce v. FooteIllinois Supreme Court · 1885
  5. Savage v. ShawMassachusetts Supreme Judicial Court · 1907

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