Malarkey v. O'Leary
Oregon Supreme Court
From Multnomah: Alfred F. Sears Jr., Judge. This action was brought in a justice’s court by James A. Malarkey against Charles M. O’Leary to recover the penalty provided in Section 3034, Hill’s Ann. Laws, for the refusal of a mortgagee to discharge a mortgage.
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From Multnomah: Alfred F. Sears Jr., Judge. This action was brought in a justice’s court by James A. Malarkey against Charles M. O’Leary to recover the penalty provided in Section 3034, Hill’s Ann. Laws, for the refusal of a mortgagee to discharge a mortgage. The complaint avers, in substance, that on February 8, 1895, one William C. Holman, who was the owner of certain real estate in Portland, mortgaged the same to the defendant to secure the payment of a promissory note for the sum of $200, due ninety days after date; that on October 16, 1895, Holman, by warranty deed, transferred and…
1Opinion of the CourtJustice Bean
1. The claim of want of jurisdiction is founded on subdivision 1 of section 909 of the statute (Hill’s Ann. Laws), which provides that the jurisdiction of a justice’s court shall not extend “to an action in which the title to real property shall come in question; ’ ’ and the contention is that when, in an action in such court, the title to real property is put in issue by the pleadings, the justice is necessarily ousted of jurisdiction, and a judgment thereafter rendered is void, and that jurisdiction cannot be acquired by an appellate court upon an appeal therefrom, but we are unable to…
2Cases cited12 opinions
- Goenen v. SchroederSupreme Court of Minnesota · 1863
- Radley v. O'LearySupreme Court of Minnesota · 1886
- Rogers v. PerdueIndiana Supreme Court · 1844
- Canfield v. ConklingMichigan Supreme Court · 1879
- Maxam v. WoodIndiana Supreme Court · 1837
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Nordling v. JohnstonOregon Supreme Court · 1955
- Harding v. Home Investment & Savings Co.Idaho Supreme Court · 1930
- Morrill v. Title Guaranty & Surety Co.Washington Supreme Court · 1917
- Heiney v. HeineyOregon Supreme Court · 1903
- Ebbert v. First Nat. Bank of CondonOregon Supreme Court · 1929
4 more not listed; retrieve them via the Exa API.