Hoover v. Bartlett
Oregon Supreme Court
From Harney: Morton D. Clifford!, Judge. This is a suit by Newt. Hoover against Alice L. Bartlett and her husband to set aside a judgment.
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From Harney: Morton D. Clifford!, Judge. This is a suit by Newt. Hoover against Alice L. Bartlett and her husband to set aside a judgment. It is alleged, in substance, that, plaintiff having commenced an action to recover the possession of certain real property in Harney County, Oregon, defendants, at the trial thereof, were permitted, over his objection, to introduce as their only evidence a certain decree which had been rendered against him in favor of the defendant Alice L. Bartlett (then Hoover), but which had been amended, without notice to him, at a subsequent term of court, so as to…
1Opinion of the CourtChief Justice Moore
*146The amended decree given in evidence was undoubtedly void, as was afterwards held in Hoover v. Hoover, 39 Or. 456 (65 Pac. 796). The demurrer admits the allegations of the complaint to the effect that the introduction of this evidence resulted in the judgment dismissing the action, and this appeal presents the question of whether or not plaintiff had a plain, adequate, and complete remedy at law whereby he could have been relieved from the judgment rendered against him in consequence of the error in receiving such incompetent evidence. It is argued by plaintiff’s counsel that no remedy at law…
2Cases cited2 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Hoover v. HooverOregon Supreme Court · 1901
3Cited by3 opinions
- Holmes v. GrahamOregon Supreme Court · 1938
- Coos Bay Lumber Co. v. CollierCourt of Appeals for the Ninth Circuit · 1939
- Miller v. OwensSupreme Court of Colorado · 1913