Simmons v. Zarthas
Oregon Supreme Court
From Multnomah: George W. Stapleton, Judge. Department 1. This is an action of forcible entry and detainer brought by “H. S. Simmons, guardian of the estate of Eva J. Simmons, an incompetent,” as plaintiff, against Alex Zarthas as defendant. The action was begun on February 3, 1920, in the District Court for Multnomah County where, after a trial, the plaintiff obtained a judgment for restitution of the land.
Read the full summary
From Multnomah: George W. Stapleton, Judge. Department 1. This is an action of forcible entry and detainer brought by “H. S. Simmons, guardian of the estate of Eva J. Simmons, an incompetent,” as plaintiff, against Alex Zarthas as defendant. The action was begun on February 3, 1920, in the District Court for Multnomah County where, after a trial, the plaintiff obtained a judgment for restitution of the land. The defendant appealed to the Circuit Court, where, after trial by jury, the plaintiff for the second time secured a judgment for restitution of the premises; and thereupon the defendant…
1Opinion of the CourtHarris, J.
The only points urged by the defendant in his printed brief are: (1) That there is insufficient evidence to show that plaintiff, either as guardian or as individual, is entitled to possession; and (2) that the complaint does not state sufficient facts to constitute a cause of action, because (a) the description of the property is insufficient for identification, and (b) it discloses upon its face that the plaintiff is not the real party in interest.
It is very doubtful whether, in view of the form of the certificate attached to the bill of exceptions, the defendant can assert that the trial…
2Cases cited5 opinions
- Bellinger v. ThompsonOregon Supreme Court · 1894
- Bogard v. BarhanOregon Supreme Court · 1908
- Ausplund v. &198tna Indemnity Co.Oregon Supreme Court · 1905
- Cole v. JermanSupreme Court of Connecticut · 1904
- Palmer v. CheseboroSupreme Court of Connecticut · 1886
3Cited by2 opinions
- Federal Land Bank of Wichita v. DensonSupreme Court of Oklahoma · 1935
- Portland Trust & Savings Bank v. United StatesDistrict Court, D. Oregon · 1938