Meinert v. Harder
Oregon Supreme Court
From Linn : Reuben P. Boise, Judge. This is a suit by John Meinert against Emma Harder and others to set aside a judgment, and to enjoin the levy of an execution issued thereon.
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From Linn : Reuben P. Boise, Judge. This is a suit by John Meinert against Emma Harder and others to set aside a judgment, and to enjoin the levy of an execution issued thereon. The transcript shows that on March 18, 1899, the defendant Emma Harder commenced an action against the plaintiff in the Justice’s Court for District No. 1, Linn County, Oregon, to recover the possession of a mare, buggy, and set of harness, or their value in case possession thereof could not be secured, and damages for their alleged detention. The defendant J. C. Powell, as justice of the peace of said district, upon…
1Opinion of the CourtJustice Moore
1. The rule in equity in this class of cases is announced by the Supreme Court of Nebraska in Bankers’ Life Ins. Co. v. Robbins, 53 Neb. 44 (73 N. W. 269), as follows : “A party against whom a judgment has been rendered by default, which judgment is void for want of jurisdiction over the person of the defendant, is not entitled to an injunction to restrain the enforcement of such *617judgment, unless it appears both from his pleadings and proof (1) that he has a meritorious defense to the cause of action on which the judgment is based ; (2) that he has no adequate remedy at law ; (3) and that his…
2Cases cited14 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Baltimore & Ohio & Chicago Railroad v. NorthIndiana Supreme Court · 1885
- Bankers Life Insurance v. RobbinsNebraska Supreme Court · 1897
- Smith v. City of PortlandOregon Supreme Court · 1894
- Kleyla v. HaskettIndiana Supreme Court · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McKinney v. AdamsMississippi Supreme Court · 1909
- White v. BrownOregon Supreme Court · 1909
- In Re Armstrong's EstateOregon Supreme Court · 1938
- Smith v. HICKEYOregon Supreme Court · 1950
- Smith v. HICKEYOregon Supreme Court · 1950
1 more not listed; retrieve them via the Exa API.