McCarger v. Moore
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 1. Originally the plaintiffs began an attachment action against the defendant, in the Circuit Court of Multnomah County, and levied the writ upon property. The defendant gave bond to release the attachment with the Illinois Surety Company on his undertaking. Afterwards, without the consent of the surety, judgment was rendered in that court against the defendant for the amount named in the complaint.
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From Multnomah: Henry E. McGinn, Judge. Department 1. Originally the plaintiffs began an attachment action against the defendant, in the Circuit Court of Multnomah County, and levied the writ upon property. The defendant gave bond to release the attachment with the Illinois Surety Company on his undertaking. Afterwards, without the consent of the surety, judgment was rendered in that court against the defendant for the amount named in the complaint. The company moved the Circuit Court to open the case and allow it to defend, on the ground that the judgment was taken without notice to it, hut…
1Opinion of the Court
BURNETT, J. —
The undertaking given by the New Amsterdam Casualty Company provided, “that if said judgment or any part thereof be affirmed, the appellant *599will satisfy the same so far as affirmed,” having been given for a stay of proceedings as provided in Section 551, L. O. L.
1, 2. The judicial system of the state has not been changed otherwise than as provided in the amended form of Article YII of the State Constitution adopted by the initiative process at the general election of November, 1910, and Section 6 of the article as it formerly read remains in force, by which it is declared that:
“Th…
2Cases cited5 opinions
- Peck v. Curlee Clothing Co.Supreme Court of Oklahoma · 1917
- Dunterman v. StoreyNebraska Supreme Court · 1894
- Baskin v. Marion CountyOregon Supreme Court · 1914
- Flannagan v. ClevelandNebraska Supreme Court · 1895
- Morgan v. SoissonSuperior Court of Pennsylvania · 1902
3Cited by8 opinions
- City of Klamath Falls v. WintersOregon Supreme Court · 1980
- State v. ShawOregon Supreme Court · 2005
- Ragnone v. Portland School District No. 1JOregon Supreme Court · 1980
- State Ex Rel. Venn v. ReidOregon Supreme Court · 1956
- City of Lowell v. WilsonCourt of Appeals of Oregon · 2005
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