Hutchinson v. Gorham
Oregon Supreme Court
From Union : Robert Eakin, Judge. Suit by Jas. H. and W. R. Hutchinson against Gorham & Rothchild and the Sheriff of Union County to enjoin the sale of certain real property on execution. The facts are that' on June 13,1888,-one W.W.
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From Union : Robert Eakin, Judge. Suit by Jas. H. and W. R. Hutchinson against Gorham & Rothchild and the Sheriff of Union County to enjoin the sale of certain real property on execution. The facts are that' on June 13,1888,-one W.W. Ellis was the owner in fee of one hundred and sixty acres of land in Union County, Oregon, on which day judgment by default was rendered against him for the sum of $2,079.12 in the Circuit Court of the State of Oregon for Baker County, in an action wherein the defendants H. O. Gorham and Herman Rothchild, as partners under the firm name of Gorham & Rothchild,…
1Opinion of the CourtJustice Moore
The question presented by this appeal is whether the entry in the judgment docket of Union County afforded plaintiffs constructive notice of the judgment rendered against their grantor in Baker County, Oregon. The following statutory provisions are deemed essential to a clear understanding of the question involved. Hill’s Ann. Laws, § 569: “The records of the circuit courts are a register, journal, judgment docket, execution docket, fee book, jury book, and final record.” Section 571: “The journal is a book wherein the clerk shall enter the proceedings of the court during term time, and such…
2Cases cited7 opinions
- Metz v. State BankNebraska Supreme Court · 1878
- Johnson v. HessIndiana Supreme Court · 1890
- Creighton v. Leeds, Palmer & Co.Oregon Supreme Court · 1881
- DeLashmutt v. SellwoodOregon Supreme Court · 1882
- Lovelady v. BurgessOregon Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ford v. FordSouth Dakota Supreme Court · 1910
- Wood v. FiskOregon Supreme Court · 1904
- Western Savings Co. v. CurreyOregon Supreme Court · 1901
- Lawson v. HokeCourt of Appeals of Oregon · 2003