Legal Opinion

Fargo v. Dickover

Oregon Supreme Court

Decided January 22, 1918PublishedCited by 5 opinions

From Multnomah: Robert G-. Morrow, Judge. This is an action by J. "W. Fargo against Joseph B. Dickover and Josiah C. Dickover. From a judgment in favor of defendants, plaintiff appealed. Submitted on brief under the proviso of Supreme Court Rule 18: 56 Or. 622 (117 Pac. si). Statement by Mr. Justice McCamant.

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From Multnomah: Robert G-. Morrow, Judge. This is an action by J. "W. Fargo against Joseph B. Dickover and Josiah C. Dickover. From a judgment in favor of defendants, plaintiff appealed. Submitted on brief under the proviso of Supreme Court Rule 18: 56 Or. 622 (117 Pac. si). Statement by Mr. Justice McCamant. This action was brought in the Circuit Court for Multnomah County June 15, 1915. Plaintiff pleads that he is assignee of a judgment recovered against defendants November 26, 1895, in a court of general jurisdiction in South Dakota; that under the law of that state an action on such…

1Opinion of the CourtJustice McCamant

1. The questions raised on this appeal involve the construction of our statute of limitations. Sections 3 and 5, L. O. L., are in part as follows:

“ § 3. Actions at law shall only he commenced within the periods prescribed in this title, after the cause of action shall have accrued; except where, in special cases, a different limitation is prescribed by statute.”
“ § 5. Within ten years,—
“1. An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States.”

If there be nothing to defeat the bar of the above statute, it is clear that the…

2Cases cited4 opinions

  1. Jamieson v. PottsOregon Supreme Court · 1909
  2. McCormick v. BlanchardOregon Supreme Court · 1879
  3. Van Santvoord v. RoethlerOregon Supreme Court · 1899
  4. Crane v. JonesOregon Supreme Court · 1893

3Cited by5 opinions

  1. Newhouse v. NewhouseOregon Supreme Court · 1975
  2. Ames v. AmesCourt of Appeals of Oregon · 1982
  3. Jennings v. StearnsOregon Supreme Court · 1919
  4. Laura Conner and Clarence H. Conner v. Oren W. SpencerCourt of Appeals for the Ninth Circuit · 1962
  5. Ramex, Inc. v. Northwest Basic IndustriesCourt of Appeals of Oregon · 2001

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