Bailey v. Williams
Oregon Supreme Court
Appeal from Clatsop County. The process issued in this action, purporting to be a summons, did not “run in the name of the state of Oregon.” After the service of this process, a judgment by default was entered against the defendant. Thereafter, at the same term of the court, the defendant moved the court to set aside the judgment, and for leave to answer, and filed an affidavit of merits.
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Appeal from Clatsop County. The process issued in this action, purporting to be a summons, did not “run in the name of the state of Oregon.” After the service of this process, a judgment by default was entered against the defendant. Thereafter, at the same term of the court, the defendant moved the court to set aside the judgment, and for leave to answer, and filed an affidavit of merits. The court denied the motion, and the defendant appeals from the judgment, and from the order of the court overruling the motion to set aside the same and allow defendant to answer,.
1Opinion of the Court
By the Court, Prim, C. J.:
It is insisted by counsel for appellant that the summons served on the defendant in this case is void, for the reason that it did not run in the name of the “ State of Oregon.” Section 1166 of the code is in these words: “All process authorized by this code to be issued by any court or officer therefor, shall run in the name of the state of Oregon, and be signed by the officer issuing the same; and if such process be issued by a clerk of a court, he shall affix thereto his seal of office.” If a summons is a process authorized by the code to be issued by a court or an…
2Cases cited1 opinion
- White v. Northwest Stage Co.Oregon Supreme Court · 1873
3Cited by18 opinions
- Dowers Farms, Inc. v. Lake CountyOregon Supreme Court · 1980
- Chisholm v. GilmerSupreme Court of the United States · 1936
- Whitney v. BlackburnOregon Supreme Court · 1889
- State Ex Rel. Kalich v. BrysonOregon Supreme Court · 1969
- Lane v. BallOregon Supreme Court · 1916
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