Whittier v. Woods
Oregon Supreme Court
From Baker: William Smith, Judge. Statement by Mr. Justice Eakin. This is a proceeding to review a judgment of the justice’s court. From the record it appears that an action was commenced in the justice’s court for Huntington precinct, by defendant Thomason, against the petitioner, Whittier, to recover $94.50 upon a debt.
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From Baker: William Smith, Judge. Statement by Mr. Justice Eakin. This is a proceeding to review a judgment of the justice’s court. From the record it appears that an action was commenced in the justice’s court for Huntington precinct, by defendant Thomason, against the petitioner, Whittier, to recover $94.50 upon a debt. Summons was issued thereon March 7, 1910, requiring defendant to appear within seven days from the date of service, and was delivered to the constable for service. A return of service was made thereon and filed the same day, which is conceded to have been insufficient to…
1Opinion of the CourtJustice Eakin
1. Two questions going to the jurisdiction of the court arise: (1) Was the motion to quash a general appearance of the defendant? (2) If not, was the amended return upon the summons sufficient to give the court jurisdiction of the defendant? It is contended that the first and fifth grounds of the motion are attacks upon the complaint, and amount to a general appearance, but this cannot be conceded. The only relief sought is to quash the service of the summons, and the five reasons assigned are only so designated for the purpose of showing the defect in the service. The first and fifth…
2Cases cited7 opinions
- Settlemier v. SullivanSupreme Court of the United States · 1879
- Belknap v. CharltonOregon Supreme Court · 1893
- Trullenger v. ToddOregon Supreme Court · 1873
- Winter v. Union Packing Co.Oregon Supreme Court · 1908
- Meyer v. BrooksOregon Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Beedle v. Stondall Land & Timber Co.Oregon Supreme Court · 1920
- Dixie Meadows Independence Mines Co. v. KightOregon Supreme Court · 1935
- Anderson v. GuentherOregon Supreme Court · 1933
- State Ex Rel. Willamette National Lumber Co. v. Circuit CourtOregon Supreme Court · 1949
- State Ex Rel. Methodist Old People's Home v. CrawfordOregon Supreme Court · 1938
2 more not listed; retrieve them via the Exa API.