Bower v. Holladay
Oregon Supreme Court
Appeal from tbe circuit court for Multnomab county. On tbe twentieth day of February, 1886, tbe respondent recovered a judgment in said circuit court, against said Ben Holladay, for the sum of $18,900, to bear interest at the rate of 10 per cent, per annum, and for the further sum of §375 costs and disbursements. Execution was duly-issued upon said judgment, on said twentieth day of February, 1886, and afterwards returned wholly unsatisfied.
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Appeal from tbe circuit court for Multnomab county. On tbe twentieth day of February, 1886, tbe respondent recovered a judgment in said circuit court, against said Ben Holladay, for the sum of $18,900, to bear interest at the rate of 10 per cent, per annum, and for the further sum of §375 costs and disbursements. Execution was duly-issued upon said judgment, on said twentieth day of February, 1886, and afterwards returned wholly unsatisfied. Ben Holladay died on or about July 7, 1887, leaving a last will and testament,in which said JosephHolladay and others were appointed executors. Joseph…
1Opinion of the CourtThayer, C. J.
The question presented herein for the consideration-of the court is: Whether an execution can be issued upon a judgment after the death of the judgment debtor. Our probate jurisdiction is so extensive, and has been resorted to so generally in the adjustment and settlement of claims against the estates of deceased persons, that no other mode to effect such object has been considered than that pointed out in the probate Act. Hence, the proposition, that an execution against the property of a judgment debtor can be issued after his death upon a judgment recovered during his lifetime, is liable…
2Cases cited2 opinions
- Knott v. ShawOregon Supreme Court · 1875
- Jewett v. SmithMassachusetts Supreme Judicial Court · 1815
3Cited by10 opinions
- Sandys v. WilliamsOregon Supreme Court · 1905
- State ex rel. v. Malheur County CourtOregon Supreme Court · 1909
- Watson v. MooreOregon Supreme Court · 1901
- Ban v. Columbia Southern Ry. Co.Court of Appeals for the Ninth Circuit · 1902
- Byrnes v. SextonSupreme Court of Minnesota · 1895
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