Miller v. Shute
Oregon Supreme Court
From Washington: Thomas A. McBride, Judge. Statement by Mr. Justice Slater. This suit was brought by George W. Miller against J. W. Shute, et al., to enjoin the sale of certain personal property of the plaintiff seized by the sheriff of Washington County on an execution issued out of the circuit court of that county upon a decree rendered against plaintiff on December 10, 1903; to set aside and cancel that part of the decree covering disbursements, amounting to $34.80; and…
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From Washington: Thomas A. McBride, Judge. Statement by Mr. Justice Slater. This suit was brought by George W. Miller against J. W. Shute, et al., to enjoin the sale of certain personal property of the plaintiff seized by the sheriff of Washington County on an execution issued out of the circuit court of that county upon a decree rendered against plaintiff on December 10, 1903; to set aside and cancel that part of the decree covering disbursements, amounting to $34.80; and to enjoin defendants from asserting any rights against plaintiff under the remainder of said judgment and decree. The…
1Opinion of the CourtJustice Slater
1. From an inspection of the pleadings and the decree it is apparent that the purpose of the suit, so far as it seeks to enjoin the sale of the plaintiff’s property seized under the alias execution, was rendered wholly useless through the surrender of the property by the sheriff to the plaintiff, which was evidently done under the authority conferred by Section 236, B. & C. Comp., and by the latter’s failure to redeliver it upon the day of sale. Just when this took place, with relation to the filing of the complaint, the record does not disclose, but that it did take place is admitted, and it…
2Cases cited10 opinions
- Thompson v. ConnellOregon Supreme Court · 1897
- Habighorst v. ConantOregon Supreme Court · 1903
- George v. NowlanOregon Supreme Court · 1901
- Galbraith v. BarnardOregon Supreme Court · 1891
- Nicklin v. HobinOregon Supreme Court · 1886
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3Cited by10 opinions
- Williams v. HavensIdaho Supreme Court · 1968
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Anderson v. GuentherOregon Supreme Court · 1933
- Northwest Door Co. v. Lewis Inv. Co.Oregon Supreme Court · 1919
- Steensland v. HessIdaho Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.