Legal Opinion

Anderson v. Robinson

Oregon Supreme Court

Decided October 1, 1912Published

From Josephine: Frank M. Calkins, Judge., Statement by Mr. Chief Justice Eakin. This is a suit by T. K. Anderson, T. K. Anderson as administrator of the estate of H. A. Williamson, deceased, and Albert Phillips, against Emma G. Eobinson and Grant Phegley. This suit in its purpose was ancillary to other cases pending between the same parties in interest.

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From Josephine: Frank M. Calkins, Judge., Statement by Mr. Chief Justice Eakin. This is a suit by T. K. Anderson, T. K. Anderson as administrator of the estate of H. A. Williamson, deceased, and Albert Phillips, against Emma G. Eobinson and Grant Phegley. This suit in its purpose was ancillary to other cases pending between the same parties in interest. For a statement of the facts, see the same title in 54 Or. 102 (102 Pac. 603), and in 57 Or. 172 (109 Pac. 1118: 110 Pac. 975). At the time of the commencement of this suit, plaintiffs claimed no interest, except by judgment liens on the…

1Opinion

Decided November 12, 1912.

On Petition for Rehearing.

(127 Pac. 546.)

Opinion by

Mr. Chief Justice Eakin.

It is contended in the motion that the order appointing the receiver is a final order, and therefore appealable, and that the motion to dismiss the appeal should have been sustained for the reason that the transcript had not been filed within the time allowed by law. The appointment having been made ex parte prior to the service of the summons, and upon an insufficient showing, it was void as to the defendant; and the subsequent orders were not final, at least as to her, but were merged in the…

2Cases cited7 opinions

  1. State ex rel. Merriam v. RossSupreme Court of Missouri · 1894
  2. Vila v. Grand Island Electric Light, Ice & Cold Storage Co.Nebraska Supreme Court · 1903
  3. Commercial National Bank v. TempleOregon Supreme Court · 1910
  4. Clay v. ClayOregon Supreme Court · 1910
  5. Mann v. German-American Investment Co.Nebraska Supreme Court · 1903

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