Ranzau v. Davis
Oregon Supreme Court
From Marion: William Galloway, Judge. In Banc. Statement by Ms. Justice Benson. Upon motion to dismiss appeal. Tbe defendant Davis obtained a judgment in an action for tbe recovery of money against John P. Ranzau and Dorothea V. Ranzau, Ms wife, and thereafter had an execution issue thereon with directions to the sheriff to levy upon and sell certain real property, in satisfaction of such judgment.
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From Marion: William Galloway, Judge. In Banc. Statement by Ms. Justice Benson. Upon motion to dismiss appeal. Tbe defendant Davis obtained a judgment in an action for tbe recovery of money against John P. Ranzau and Dorothea V. Ranzau, Ms wife, and thereafter had an execution issue thereon with directions to the sheriff to levy upon and sell certain real property, in satisfaction of such judgment. The plaintiff herein who is the minor son of the defendants in the action at law, then commenced this suit to enjoin the levy and sale of the real property upon the ground that he is the owner…
1Opinion of the CourtJustice Benson
The motion is based upon two contentions: (1) That the sureties upon the undertaking’ on appeal are insufficient; and (2) that the appellant did not file a supersedeas bond and that the sheriff has already sold the land upon execution and such sale has been duly confirmed and that therefore there is no substantial controversy upon which this court is called to pass.
1. Considering these contentions in the order indicated, we may say that there is no record before us upon which to base any conclusions as to the sufficiency of the sureties and, if there were, counsel has failed to call our…
2Cases cited1 opinion
- Dimick v. LatouretteOregon Supreme Court · 1914
3Cited by3 opinions
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1921
- Estate Bernice P. BishopHawaii Supreme Court · 1943
- Hull v. HeimrichOregon Supreme Court · 1931