Williamson v. Hurlburt
Oregon Supreme Court
From Multnomah.: William N. Gatens, Judge. In Bauo. This is a suit to foreclose a chattel mortgage, and incidentally to restrain the sheriff from selling the mortgaged property upon execution, under a judgment in favor of another creditor. The defendant mortgagor made default, and the defendant sheriff, appearing for himself alone, filed a demurrer to the complaint and a motion to dissolve the restraining order which had been issued.
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From Multnomah.: William N. Gatens, Judge. In Bauo. This is a suit to foreclose a chattel mortgage, and incidentally to restrain the sheriff from selling the mortgaged property upon execution, under a judgment in favor of another creditor. The defendant mortgagor made default, and the defendant sheriff, appearing for himself alone, filed a demurrer to the complaint and a motion to dissolve the restraining order which had been issued. The demurrer having been overruled, and the motion denied, the defendant declined to plead over, and a decree was entered in favor of plaintiff, from which the…
1Opinion of the CourtBenson, J.
The action of the lower court in overruling the demurrer and denying the motion to vacate the injunction are the errors assigned:
The grounds of demurrer are specified as follows:
“First: That against this defendant the court, has no jurisdiction of the subject matter of this suit.
“Second: That there is a defect, or misjoinder, of parties defendant in that this defendant is not a proper party to said suit, and has no interest in the subject matter set out in plaintiff’s complaint.
“Third: That said complaint does not state facts sufficient to constitute a cause of suit against this defendant, or…
2Cases cited7 opinions
- Paulson v. City of PortlandOregon Supreme Court · 1888
- Templeton v. BocklerOregon Supreme Court · 1914
- Commercial National Bank v. DavidsonOregon Supreme Court · 1889
- Tieman v. SachsOregon Supreme Court · 1908
- Dorothy v. PierceOregon Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lowell v. Pendleton Auto Co.Oregon Supreme Court · 1927
- Vandeventer v. Dale Construction CompanyOregon Supreme Court · 1975
- Jenks Hatchery, Inc. v. ElliottOregon Supreme Court · 1968
- HUNT v. KetellOregon Supreme Court · 1953
- Billups v. ColmerOregon Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.