McMahan v. Whelan
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. This is a suit by L. H. McMahan against Walter Whelan and the sheriff of Marion County to require the specific performance of a verbal contract of leasing, and to enjoin the enforcement of a judgment given and rendered by the circuit court upon an appeal from a judgment obtained in the justice’s court in an action for forcible ehtry and detainer.
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From Marion: Reuben P. Boise, Judge. This is a suit by L. H. McMahan against Walter Whelan and the sheriff of Marion County to require the specific performance of a verbal contract of leasing, and to enjoin the enforcement of a judgment given and rendered by the circuit court upon an appeal from a judgment obtained in the justice’s court in an action for forcible ehtry and detainer. The complaint alleges that about September, 1901, plaintiff and defendant entered into a verbal contract for a lease to the plaintiff of lot 2, in block 4, Jones’Addition to Salem, for three years, at an annual…
1Opinion of the CourtJustice Wolverton
By stipulation of the parties it is to be deemed that plaintiff has introduced evidence tending to support every allegation of the complaint. This leaves for bur determination simply a question of law, which is whether the judgment against plaintiff herein in the circuit court, in the action for forcible entry and detainer, is a bar to the prosecution of the present suit. The plaintiff relies upon the case of Wallace v. Scoggins, 17 Or. 476 (21 Pac. 558), as decisive of this in his favor. There is this difference between the two cases. There the action of forcible entry and detainer had not…
2Cases cited14 opinions
- Phillips v. NegleySupreme Court of the United States · 1886
- Knox County v. HarshmanSupreme Court of the United States · 1890
- Crim v. HandleySupreme Court of the United States · 1877
- South Portland Land Co. v. MungerOregon Supreme Court · 1900
- Wallace v. ScogginsOregon Supreme Court · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- West v. Washington Railway Co.Oregon Supreme Court · 1907
- Bowsman v. AndersonOregon Supreme Court · 1912
- Campbell's Gas Burner Co. v. HammerOregon Supreme Court · 1915
- Fire Ass'n v. AllesinaOregon Supreme Court · 1904
- Dechenbach v. RimaOregon Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.