Willis v. Marks
Oregon Supreme Court
From Douglas: J. G. Fullerton, Judge. This is an action brought by W. It. Willis against Asher Marks, in the County Court of Douglas County, to recover the possession of a certain.paper on which is written the particulars of a claim against the estate of S. Marks and Company, described in the complaint, which, omitting formal parts, is as follows: “That on the eighth day of.
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From Douglas: J. G. Fullerton, Judge. This is an action brought by W. It. Willis against Asher Marks, in the County Court of Douglas County, to recover the possession of a certain.paper on which is written the particulars of a claim against the estate of S. Marks and Company, described in the complaint, which, omitting formal parts, is as follows: “That on the eighth day of. January, eighteen hundred and ninety-four, at Rose-burg, Douglas County, Oregon, the plaintiff was the owner and in possession of, and was then and ever since has been entitled to the immediate and exclusive possession…
1Opinion of the Court
*496Opinion by
Mr. Justice Wolverton.
1. The first contention of plaintiff is that the judgment entered in the county court was given for want of an answer, and that from such a judgment no appeal lies. This contention is based upon the statute, (section 536, Hill’s Code,) providing that “any party to a judgment or decree other than a judgment or decree given by confession, or for want of an answer may appeal therefrom.” By section 902, Hill’s Code, the provisions of title IV of chapter IV, relating to appeals, are made to apply to judgments and decrees of the county court in all cases, except…
2Cases cited2 opinions
- Kearns v. FollansbyOregon Supreme Court · 1888
- Rostel v. MoratOregon Supreme Court · 1890
3Cited by12 opinions
- Etchas v. OrenaCalifornia Supreme Court · 1900
- Goltra v. PenlandOregon Supreme Court · 1904
- Fishburn v. LondershausenOregon Supreme Court · 1907
- Flynn v. DriscollIdaho Supreme Court · 1924
- Clayton v. DinwoodeyUtah Supreme Court · 1908
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