D'Arcy v. Sanford
Oregon Supreme Court
From Marion: William Galloway, Judge. In Banc. Statement by Mr. Justice Harris. T. B. Sheridan was the president and manager of the First National Bank of Bosebnrg until S. A. Sanford was appointed trustee to wind up the affairs of the bank. On March 28, 1904, W. J. D’Arcy signed a promissory note for $3,673.50, payable to the First National Bank of Bosebnrg.
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From Marion: William Galloway, Judge. In Banc. Statement by Mr. Justice Harris. T. B. Sheridan was the president and manager of the First National Bank of Bosebnrg until S. A. Sanford was appointed trustee to wind up the affairs of the bank. On March 28, 1904, W. J. D’Arcy signed a promissory note for $3,673.50, payable to the First National Bank of Bosebnrg. After his appointment as trustee S. A. Sanford commenced an action on June 30, 1911, against D’Arcy to recover on the note, and the latter then filed a complaint in equity in the nature of a cross-bill, and which for convenience will be…
1Opinion of the CourtJustice Harris
It appears from an affidavit filed on behalf of the appellant that notice of appeal was not served ‘ ‘ on any party other than the plaintiff, for the reason that defendant R. S. Sheridan had, in effect, never appeared, and the answer of the defendant T. R. Sheridan shows that he was not adverse to the defendant S. A. Sanford.” The appellant claims that R. S. Sheridan did not in fact appear in the suit, and that although the records originally made in the Circuit Court recite his appearance, nevertheless that tribunal had the power at any time to correct the recitals so that they would speak…
2Cases cited3 opinions
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Smith v. BurnsOregon Supreme Court · 1913
- Lane v. WentworthOregon Supreme Court · 1913
3Cited by9 opinions
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- In Re Brooks' EstateOregon Supreme Court · 1941
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