Hansen v. Robbins
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. Department 2. Statement by Mr. Justice Burnett. Action by J. P. Hansen against A. B. Bobbins. From all tbe proceedings of the court, after original decree foreclosing title bond given by plaintiff to defendant, and directing- sale of land and application of proceeds to payment of the amount due on the purchase price named in the bond, defendant appeals.
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From Jackson: Frank M. Calkins, Judge. Department 2. Statement by Mr. Justice Burnett. Action by J. P. Hansen against A. B. Bobbins. From all tbe proceedings of the court, after original decree foreclosing title bond given by plaintiff to defendant, and directing- sale of land and application of proceeds to payment of the amount due on the purchase price named in the bond, defendant appeals. Order confirming sale set aside, and cause remanded, with directions to require the sheriff to put the defendant in possession of the property described in the execution and order of sale, pending…
1Opinion of the Court · BuenettJustice Buenett
1. It is conceded that the undertaking on appeal given by the defendant in the first instance was sufficient in form to operate as a stay of proceedings pending the appeal. No objection to the sufficiency of the surety company was filed. Section 553, L. O. L., is here set down:
‘‘ If the judgment or decree has been given in an action or suit upon a contract, notwithstanding an appeal and undertaking for the stay of proceedings, the respondent may proceed to enforce such judgment or decree, if within ten days from the time the appeal is perfected he filed with the clerk an undertaking, with one…
Also in this document: Opinion of the Court · Burnett.
2Cases cited1 opinion
- Anderson v. PhegleyOregon Supreme Court · 1909
3Cited by5 opinions
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- Hume v. RiceOregon Supreme Court · 1917
- Rogers v. KingOregon Supreme Court · 1967