Rutenic v. Hamakar
Oregon Supreme Court
From Klamatb: Henry L. Benson, Judge. This is an action upon an administrator’s bond. The complaint alleges, in effect, that W. H. Mills died about January 22, 1890, leaving an estate in Klamath County, Oregon, upon which letters of administration were issued October 15, 1894, by the county court of said county, to J. W. Hamakar, who on that day filed his bond in the penal sum of $15,000, with his codefendants as sureties, conditioned that, if he should faithfully perform…
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From Klamatb: Henry L. Benson, Judge. This is an action upon an administrator’s bond. The complaint alleges, in effect, that W. H. Mills died about January 22, 1890, leaving an estate in Klamath County, Oregon, upon which letters of administration were issued October 15, 1894, by the county court of said county, to J. W. Hamakar, who on that day filed his bond in the penal sum of $15,000, with his codefendants as sureties, conditioned that, if he should faithfully perform his trust as such administrator according to law, then said obligation to be void, otherwise to remain in full force,…
1Opinion of the CourtJustice Moore
1. It is contended by defendants’ counsel that the complaint does not state facts sufficient to constitute a cause of action, and that such defect was not waived by answering over after a demurrer interposed on that ground had been overruled. It is argued that the allegation of Hamakar’s removal is insufficient, because it does not aver that the county court had jurisdiction of the subject-matter or of the person of the administrator whose letters are claimed to have been revoked. The allegation thus challenged is as follows: “That on the seventh day of July, 1896, the said county court made…
2Cases cited32 opinions
- Bellinger v. ThompsonOregon Supreme Court · 1894
- Olds v. CaryOregon Supreme Court · 1886
- Marquat v. . MarquatNew York Court of Appeals · 1855
- Tustin v. GauntOregon Supreme Court · 1873
- Wells v. ApplegateOregon Supreme Court · 1885
27 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Roach's EstateOregon Supreme Court · 1907
- DeVall v. DeVallOregon Supreme Court · 1910
- Hillman v. YoungOregon Supreme Court · 1912
- Katz v. ObenchainOregon Supreme Court · 1906
- Fishburn v. LondershausenOregon Supreme Court · 1907
19 more not listed; retrieve them via the Exa API.