Talbot v. Garretson
Oregon Supreme Court
From Umatilla: Stephen A. Lowell, Judge. This case was commenced on August 27, 1896, by H. C. Talbot to enjoin the sale of certain land belonging to the plaintiff under an execution issued on a judgment against his grantor, J. L. Craft, and in favor of defendants Garretson, Woodruff, Pratt & Company, for the sum of $4,000, rendered on April 1, 1896, on the ground that the judgment was entered without jurisdiction, and is absolutely void.
Read the full summary
From Umatilla: Stephen A. Lowell, Judge. This case was commenced on August 27, 1896, by H. C. Talbot to enjoin the sale of certain land belonging to the plaintiff under an execution issued on a judgment against his grantor, J. L. Craft, and in favor of defendants Garretson, Woodruff, Pratt & Company, for the sum of $4,000, rendered on April 1, 1896, on the ground that the judgment was entered without jurisdiction, and is absolutely void. The original complaint alleged title in plaintiff, the issuance of the execution on defendants’ judgment, the levy thereof and the advertisement of the land…
1Opinion of the CourtJustice Bean
1. The defendants contend, at the outset, that the court had no right, as a matter of law, to alN'v the amended complaint to be filed, because it purposed to add a new and distinct cause of suit not embraced in the original complaint. The statute (Hill’s Ann. Laws, § 101) provides that: “The court may, at anytime before trial, in the furtherance of justice, and upon such terms as may be proper, allow any pleading or proceeding to be amended by adding the name of a party,' or other allegation material to the cause, and, in like manner and for like reasons, it may, at any time before the cause…
2Cases cited7 opinions
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Brown v. . LeighNew York Court of Appeals · 1872
- Foste v. Standard InsuranceOregon Supreme Court · 1894
- Baldock v. AtwoodOregon Supreme Court · 1891
- Board of Supervisors v. DeckerWisconsin Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Perkins v. Standard Oil Co.Oregon Supreme Court · 1963
- State v. RichardsonOregon Supreme Court · 1906
- Ross v. RobinsonOregon Supreme Court · 1944
- York v. NashOregon Supreme Court · 1903
- Zimmerle v. ChildersOregon Supreme Court · 1913
15 more not listed; retrieve them via the Exa API.