Barger v. Taylor
Oregon Supreme Court
From Wasco: W. L. Bradshaw, Judge. Suit in equity by John Barger against O. D. Taylor and wife to foreclose two mortgages, securing certain notes. There was a decree allowing a small recovery on one note, and declaring the principal of the second note forfeited for usury, under the terms of section 3589 of Hill’s Code, from which plaintiff appealed.
1Opinion of the Court
On Motion to Dismiss Appeal.
Per Curiam,
1. This is a suit to foreclose a mortgage. The defense is usury. The court below found the contract to be usurious, and rendered a decree for the amount of the original sum loaned against the defendant in favor of the state for the use of the common school fund, as provided in section 3589 of Hill’s Code. From this decree the plaintiff appealed, but did not serve the state with notice thereof. The defendant now moves to dismiss the appeal upon the ground that the state is an “adverse party,” and should have been served with notice. Under the decisions of…
2Cited by7 opinions
- Coast Finance Corp. v. Powers Furniture Co.Oregon Supreme Court · 1922
- French v. ChristnerOregon Supreme Court · 1944
- Medynski v. TheissOregon Supreme Court · 1900
- State v. YoungOregon Supreme Court · 1946
- In Re Grimes' EstateOregon Supreme Court · 1943
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