Schofield v. Powell
District Court, D. Alaska
This case comes into this court on appeal from a judgment made and entered in said action by James Frawley, commissioner and ex officio justice of the peace in the Cape Nome precinct, on September 15, 1915, in favor of the defendant (the respondent herein) and against the plaintiff (the appellant herein), dismissing the plaintiff’s cause of action and awarding costs to the defendant.
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This case comes into this court on appeal from a judgment made and entered in said action by James Frawley, commissioner and ex officio justice of the peace in the Cape Nome precinct, on September 15, 1915, in favor of the defendant (the respondent herein) and against the plaintiff (the appellant herein), dismissing the plaintiff’s cause of action and awarding costs to the defendant. It appears from the records and the statements of counsel in open court that upon August 16, 1915, in the same commissioner’s court in which this action was afterwards commenced, a certain other action was…
1Opinion of the Court
TUCKER, District Judge.
It may be conceded from the authorities cited by counsel for respondent that the default judgment entered by the commissioner is voidable only for error in the service of the writ, and not void, on the ground that the statutory notice was not given as provided in section 1780, Alaska Code, and that, unless the commissioner had the power to set aside or vacate the default judgment, said judgment may be set up in bar of the second action brought by the appellant in the commissioner’s court, and that the commissioner erred in overruling the demurrer filed by the respondent…
2Cases cited6 opinions
- Griffin v. PitmanOregon Supreme Court · 1880
- Lindsay v. TansleyNew York Supreme Court · 1892
- McCoy v. BellWashington Supreme Court · 1889
- Kerr v. MurphySouth Dakota Supreme Court · 1905
- Dunnagan v. Shaffer, Swartz & Co.Supreme Court of Arkansas · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ex parte OatesDistrict Court, D. Alaska · 1931