Handley v. Jackson
Oregon Supreme Court
From Yamhill: Henry H. Hewitt, Judge. Charles Handley seeks to restrain the sale of certain real property of his situate in Yamhill County, about to be sold under and by virtue of an execution issued out of the Circuit Court of the State of Oregon for Washington County upon a judgment therein given and rendered in an action at law in favor of the defendant Ellen L. Jackson and against plaintiff and one T. B. Handley.
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From Yamhill: Henry H. Hewitt, Judge. Charles Handley seeks to restrain the sale of certain real property of his situate in Yamhill County, about to be sold under and by virtue of an execution issued out of the Circuit Court of the State of Oregon for Washington County upon a judgment therein given and rendered in an action at law in favor of the defendant Ellen L. Jackson and against plaintiff and one T. B. Handley. The action was upon a joint and several promissory note executed by the said Charles and T. B. Handley to W. R. Jackson, who indorsed the same to Ellen L. Jackson, the- defendant…
1Opinion of the Court
Mr,. Justice Wolverton,
after stating the facts in the foregoing language, delivered the opinion of the court.
1. The principal contention of defendants is that, inasmuch as this suit was not instituted for the express purpose of annulling, correcting, or modifying such judgment, the attack thereon is collateral; and hence, being the judgment of a court of general jurisdiction, it was incompetent to impeach, by evidence hehors the record, the finding of said court that the defendant had appeared by attorney, which involves the presumption that the court also and necessarily found that the…
2Cases cited18 opinions
- Brown v. County of Buena VistaSupreme Court of the United States · 1877
- Morrill v. MorrillOregon Supreme Court · 1890
- Crim v. HandleySupreme Court of the United States · 1877
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hitt v. CarrIndiana Court of Appeals · 1921
- Bowsman v. AndersonOregon Supreme Court · 1912
- Froebrich v. LaneOregon Supreme Court · 1904
- George v. NowlanOregon Supreme Court · 1901
- Huntington v. CrouterOregon Supreme Court · 1898
10 more not listed; retrieve them via the Exa API.