Ladd v. Higley
Oregon Supreme Court
Appeal from Yamhill County. On the 6th day of May, 1862, the respondents obtained a judgjnent by default, in the Circuit Court of the State of Oregon for Yamhill County, against the appellant,- Harvey Higley, for the sum of $577.66 and costs of suit to be taxed.
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Appeal from Yamhill County. On the 6th day of May, 1862, the respondents obtained a judgjnent by default, in the Circuit Court of the State of Oregon for Yamhill County, against the appellant,- Harvey Higley, for the sum of $577.66 and costs of suit to be taxed. At the April term, 1874, of said court, said respondents filed in said court, under § 292 of the Code, a motion for the allowance of an order for leave to issue an execution on said judgment; the appellant filed an answer to the motion; proper steps were taken to bring the matter to issue; a jury trial was waived, and, by consent of…
1Opinion of the Court
By the Court,
Burnett, J.:
The principal point relied on by appellant’s counsel to reverse the judgment of the court below is, that the judgment of 1862 is void, for the reasons:
1. That there was no summons or notice issued in that action, such as the law required.
2. That the proof of the service of the notice, in that case, was not sufficient to give the court jurisdiction of the person of Higley; and
3. That the complaint in said cause did not state facts sufficient to constitute a cause of action.
The first question presented is, whether the judgment-roll, in the cause in which judgment was…
2Cases cited1 opinion
- Hunsaker v. CoffinOregon Supreme Court · 1864
3Cited by4 opinions
- Northcut v. LemeryOregon Supreme Court · 1880
- Blandy v. Modern Box Manufacturing Co.Idaho Supreme Court · 1925
- Nelson v. StewartOregon Supreme Court · 1924
- In re the Marriage of MareshCourt of Appeals of Oregon · 2004