Page & Co. v. Grant
Oregon Supreme Court
Appeal from Clatsop. The facts are stated in the opinion. The complaint does not state facts sufficient to constitute a cause of suit. It nowhere avers that Peter Grant was insolvent, or unable to meet his liabilities, or that he had no property out of which the judgment could have been made. The only allegation from which this might be presu,med is, that an execution had been issued and returned “ unsatisfied;” the return is not even milla bona.
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Appeal from Clatsop. The facts are stated in the opinion. The complaint does not state facts sufficient to constitute a cause of suit. It nowhere avers that Peter Grant was insolvent, or unable to meet his liabilities, or that he had no property out of which the judgment could have been made. The only allegation from which this might be presu,med is, that an execution had been issued and returned “ unsatisfied;” the return is not even milla bona. The presumption, from the allegation, should be against the respondents. A defective complaint cannot be cured after verdict or decree. (Chichester…
1Opinion of the Court
By the Court,
Watson, J.:
This appeal is brought from a decree of the circuit court of Clatsop county, rendered on the 3d day of February, 1880.
The object of the suit was to subject certain property, standing in the name of Bridget Grant, to the payment of a judgment recovered by plaintiffs, in said court, against Peter Grant, on August 23, 1878, for the sum of two hundred and sixty-two dollars and twenty-nine cents, and costs.
The complaint alleges that defendants are husband and wife. That on August 23, 1878, plaintiffs recovered a judgment against Peter Grant in said circuit court, for two…
2Cases cited1 opinion
- Reade v. LivingstonNew York Court of Chancery · 1818
3Cited by7 opinions
- Wyatt v. WyattOregon Supreme Court · 1897
- Crawford v. BeardOregon Supreme Court · 1885
- Hart-Parr Co. v. SchaferMontana Supreme Court · 1925
- Orr v. BauerOregon Supreme Court · 1937
- First Nat. Bank v. ManassaOregon Supreme Court · 1915
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