Altona v. Dabney
Oregon Supreme Court
From Multnomah : John B. Oleland, Judge. Early in January, 1898, Theodore Altona, the plaintiff, commenced a suit in the Circuit Court of Multnomah County against Herman Vetter and A. L. McCully to foreclose a mortgage on real estate.
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From Multnomah : John B. Oleland, Judge. Early in January, 1898, Theodore Altona, the plaintiff, commenced a suit in the Circuit Court of Multnomah County against Herman Vetter and A. L. McCully to foreclose a mortgage on real estate. McCully interposed a defense, to sustain which it was deemed necessary to show that he was a bona fide purchaser for value of the mortgaged premises ; and the garnishee, P. P. Dabney, testified on the trial that McCully paid him, as agent for Vetter, $1,000 on the purchase price. Plaintiff recovered judgment against Vetter for $2,293.93. The premises were sold…
1Opinion of the Court
Mb,. Justice Bean,
after stating the facts, delivered the opinion of the court.
The motion to vacate the decree was properly overruled. It is based upon the fact that the allegations and interrogatories were neither served within the time fixed by the court in the order for the examination of the garnishee, nor upon him personally; but his subsequent appearance by answer was a ;waiver of any irregularity in that regard. The allegations in a garnishee proceeding are essential to jurisdiction of the subject-matter: Case v. Noyes, 16 Or. 329 (19 Pac. 104), 16 Or. 539 (21 Pac. 46); Smith v. Conrad,…
2Cases cited7 opinions
- Case v. NoyesOregon Supreme Court · 1888
- Hebel v. Amazon InsuranceMichigan Supreme Court · 1876
- Smith v. ConradOregon Supreme Court · 1892
- Carter, Rice & Co. v. KoshlandOregon Supreme Court · 1885
- Raymond v. Rockland Co.Supreme Court of Connecticut · 1873
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