Fratt v. Wilson
Oregon Supreme Court
From Multnomah: E. D. Shattuck, Judge. This is an appeal from an order of the trial court overruling a motion to set aside a default order and judgment. it appears from the record that Francis Fratt sued H. C. Wilson, in Multnomah County, on a transitory cause of action, and caused the summons to be served on the defendant personally in Lake County. Wilson was at the time a resident of California, but was temporarily in Lake-County on business.
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From Multnomah: E. D. Shattuck, Judge. This is an appeal from an order of the trial court overruling a motion to set aside a default order and judgment. it appears from the record that Francis Fratt sued H. C. Wilson, in Multnomah County, on a transitory cause of action, and caused the summons to be served on the defendant personally in Lake County. Wilson was at the time a resident of California, but was temporarily in Lake-County on business. No appearance was made, and in due time plaintiff obtained a judgment for want of an answer. Afterward defendant applied to the court to set aside…
1Opinion
*545On the Merits.
Opinion by
Mr. Justice Bean.
2. H. C. Wilson, a resident of California, was sued by Francis Fratt, in Multnomah County, in an ordinary action to recover money, and service made upon him while temporarily in Lake County, and the sole question to be determined on this appeal is whether the judgment subsequently rendered by default is void for want of jurisdiction. The contention for the defendant is that personal service of a summons in this State on a non-resident, in a transitory action, does not confer jurisdiction of his person, unless made in the county where the action is…
2Cases cited5 opinions
- Alley v. CaspariSupreme Judicial Court of Maine · 1888
- Murphy v. John S. Winter & Co.Supreme Court of Georgia · 1855
- Dunham v. G. Shindler & Co.Oregon Supreme Court · 1889
- Brown v. Deschuttes Bridge Co.Oregon Supreme Court · 1885
- Thompson v. CowellMassachusetts Supreme Judicial Court · 1889