Taylor Inv. Co. v. Deatsman
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Me. Chief Justice McBeide. This is a suit by the Taylor Investment Company against Wallace G. Deatsman and Carrie B. Deatsman to declare void a decree alleged to have been heretofore rendered against plaintiff, and to annul a sheriff’s deed made in pursuance of such decree.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Me. Chief Justice McBeide. This is a suit by the Taylor Investment Company against Wallace G. Deatsman and Carrie B. Deatsman to declare void a decree alleged to have been heretofore rendered against plaintiff, and to annul a sheriff’s deed made in pursuance of such decree. The complaint alleges, in substance, that at the date of such pretended decree the plaintiff was the owner of certain lots in Fir-land, Multnomah County, Oregon, which lots were of the value of $3,000, or about $800 each; that on September 22, 1909, the defendant…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. The decree for costs against the Taylor Investment Company in the original case was void. Costs are a mere incident or consequence which follow a decree for some other relief, and cannot alone furnish the basis of a substantive judgment. Freeman, Judgments (3 ed.) § 16; Stewart v. Corbus, 15 Or. 68 (13 Pac. 647) ; Warren v. Shuman, 5 Tex. 441, 450. The' default of the defendant being entered, the cause was then ripe for a final decree thereon; but no relief was given Deatsman as to the Taylor Investment Company, and no adjudication as to the respective…
2Cases cited2 opinions
- Warren v. ShumanTexas Supreme Court · 1849
- Stewart v. CorbusOregon Supreme Court · 1887
3Cited by1 opinion
- Arnold v. NessDistrict Court, D. Oregon · 1914