Legal Opinion

Marks v. Stephens

Oregon Supreme Court

Decided February 18, 1901PublishedCited by 3 opinions

From Douglas: Hiero K. Hanna, Judge. Injunction suit by Asher Mark,s against R. L. Stephens and others to prevent a sale of personal property on an execution. Further facts appear in the opinion. There was a decree for the defendants, from which plaintiff appeals.

1Opinion of the CourtChief Justice Bean

Injunction by Asher Marks against R. L. Stephens and others to enjoin the sale of personal property belonging to the plaintiff, under an execution issued on a judgment rendered in July, 1891, in favor of John Pearce and others, and against the plaintiff and S. Marks, partners as S. Marks & Co., and one F. C. Buell. The complaint alleges, in substance, that John Pearce, one of the judgment creditors, died in 1891, and S. Marks in 1893; that the plaintiff was appointed administrator of the partnership estate of Marks & Co., and in 1894 a transcript of the judgment referred to was presented to…

2Cases cited3 opinions

  1. Gregory v. FordCalifornia Supreme Court · 1859
  2. Stafford v. SibleySupreme Court of Alabama · 1894
  3. Foard v. . AlexanderSupreme Court of North Carolina · 1870

3Cited by3 opinions

  1. Holmes v. WolfardOregon Supreme Court · 1905
  2. Hume v. RiceOregon Supreme Court · 1917
  3. Bean v. IngrahamSupreme Judicial Court of Maine · 1931

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