Legal Opinion

Dunham v. Siglin

Oregon Supreme Court

Decided April 15, 1901PublishedCited by 9 opinions

From Coos : Henry L. Benson, Judge. This is a suit by H. W. Dunham against Nellie Siglin, individually and as administratrix of the estate of J. M. Siglin, deceased, to establish and enforce a trust against the representative of the dead trustee.

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From Coos : Henry L. Benson, Judge. This is a suit by H. W. Dunham against Nellie Siglin, individually and as administratrix of the estate of J. M. Siglin, deceased, to establish and enforce a trust against the representative of the dead trustee. It is substantially averred in the complaint that on May 21, 1894, one Vic-: tor Lackstrom, being indebted to the plaintiff in the sum of $800, and to J. M. Siglin in the sum of $50, assigned to the latter a judgment he had secured against Kate F. Ames and Frank Tliibault for the sum of $213.75, with interest from November 17, 1893, and $42.24 costs…

1Opinion of the CourtJustice Moore

1. It is maintained by the defendants’ counsel that the plaintiff’s demand is an ordinary claim against a decedent’s estate for the recovery of money, to award which the county court possesses plenary power, and, this being so, a court of equity has no jurisdiction of the *295subject-matter, but if it should be held that the latter court was the proper forum for the enforcement of the plaintiff’s alleged private right, his failure to aver that the county court can not afford the requisite relief renders his complaint vulnerable to the objection that it did not state facts sufficient to constitute…

2Cases cited10 opinions

  1. Ferchen v. ArndtOregon Supreme Court · 1894
  2. Harris v. DouglasIllinois Supreme Court · 1872
  3. Shute v. HinmanOregon Supreme Court · 1899
  4. Weider v. OsbornOregon Supreme Court · 1891
  5. Winkle v. WinkleOregon Supreme Court · 1879

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Hillman v. YoungOregon Supreme Court · 1912
  2. Hendricks v. HendricksNew Mexico Supreme Court · 1950
  3. Jansen v. TylerOregon Supreme Court · 1935
  4. Weinke v. MajeskeOregon Supreme Court · 1940
  5. Young v. HughesOregon Supreme Court · 1901

4 more not listed; retrieve them via the Exa API.

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