Hunsaker v. Coffin
Oregon Supreme Court
Appeal from Multnomah County. On the 24th day of July, 1855, Hunsaker obtaiued a judgment in the District Court of Oregon territory, for Multnomah county, against Coffin, in the sum of $2,097.30. The complaint was filed July 24th, 1855. Summons was issued on same day, and personally served. The summons required Coffin to appear in that District Com-t forthwith, and answer the complaint, or the plaintiff would take judgment.
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Appeal from Multnomah County. On the 24th day of July, 1855, Hunsaker obtaiued a judgment in the District Court of Oregon territory, for Multnomah county, against Coffin, in the sum of $2,097.30. The complaint was filed July 24th, 1855. Summons was issued on same day, and personally served. The summons required Coffin to appear in that District Com-t forthwith, and answer the complaint, or the plaintiff would take judgment. The court rendered judgment on the next day, July 25th, 1855,, which judgment reads thus : " Jacob Hunbaker v. Stephen Coffin} “ The plaintiff, by Wait and Kelly, his…
1Opinion of the CourtWilson, J.
Section 292 of the Code of Civil Procedure-enacts that “ whenever, after entry of judgment, a period of five years shall elapse without an execution being issued upon *109¡such judgment, thereafter an execution shall not issue except •as in this section provided;” and, whatever steps are required therein seem to have been properly taken by the parties below; and the question in this court is narrowed down to an affirmance by appellant that the judgment rendered July 25th, 1855, was still valid and binding, and a denial by appellee of such validity, with an averment that such judgment was wholly…
2Cases cited2 opinions
- Dobson v. . PearceNew York Court of Appeals · 1854
- The Chemung Canal Bank v. . JudsonNew York Court of Appeals · 1853
3Cited by13 opinions
- Northcut v. LemeryOregon Supreme Court · 1880
- Woodward v. BakerOregon Supreme Court · 1883
- Capos v. Clatsop CountyOregon Supreme Court · 1933
- Moore v. MooreCourt of Appeals of Oregon · 1976
- Golden v. Fifth Judicial District CourtNevada Supreme Court · 1909
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