Waymire v. Shipley
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Commissioner King. This is a suit to foreclose a mortgage executed by defendants P. A. Shipley and Elizabeth Shipley, his wife, to plaintiff, on lots 1, 2, 7, and 8, in block 35, and lots 1 and 2, in block 38, in University Addition to Salem, Oregon.
Read the full summary
From Marion: William Galloway, Judge. Statement by Mr. Commissioner King. This is a suit to foreclose a mortgage executed by defendants P. A. Shipley and Elizabeth Shipley, his wife, to plaintiff, on lots 1, 2, 7, and 8, in block 35, and lots 1 and 2, in block 38, in University Addition to Salem, Oregon. Service on the defendants was had by publication of summons, the order for which was made on March 6, 1906, the complaint being filed 25 days later, while a default for failure of defendants to appear was taken against them on April 2d following, and thereafter, on May 28th, a decree was…
1Opinion of the Court
Opinion by
Mr. Commissioner King.
1. The first point demanding attention is the error assigned by plaintiff in respect to the order of the court in opening the default and permitting defendants to answer, which, if tenable, disposes of the controversy. Section 59, B. & C. Comp., among other things provides that “the defendant against whom publication is ordered, or his representaitves, * * may, * * upon good cause shown and upon such terms as may be proper, be allowed to defend after judgment, and within one year after the entry of such judgment on such terms as may be just. * *” And the term…
2Cases cited12 opinions
- Reckendorfer v. FaberSupreme Court of the United States · 1876
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Sutherlin v. BloomerOregon Supreme Court · 1907
- Bradtfeldt v. CookeOregon Supreme Court · 1895
- Little v. AllenTexas Supreme Court · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Riley Hill General Contractor, Inc. v. Tandy Corp.Oregon Supreme Court · 1987
- State Highway Commission v. KendrickOregon Supreme Court · 1961
- Felts v. BoyerOregon Supreme Court · 1914
- Taylor v. TaylorOregon Supreme Court · 1912
- T. B. Potter Realty Co. v. BreitlingOregon Supreme Court · 1916
13 more not listed; retrieve them via the Exa API.