Legal Opinion

American Building & Loan Ass'n v. Fulton

Oregon Supreme Court

Decided January 4, 1892PublishedCited by 2 opinions

Plaintiff appeals. The writ of review in this case was issued by order of the circuit judge on the petition of the plaintiff to bring into the circuit court the proceedings in a certain action theretofore determined in the justice’s court for the precinct of Astoria, Clatsop county, Oregon, wherein G. C. Fulton was plaintiff and the American Building and Loan Association was defendant.

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Plaintiff appeals. The writ of review in this case was issued by order of the circuit judge on the petition of the plaintiff to bring into the circuit court the proceedings in a certain action theretofore determined in the justice’s court for the precinct of Astoria, Clatsop county, Oregon, wherein G. C. Fulton was plaintiff and the American Building and Loan Association was defendant. It appears from the petition for the writ, and the return thereto, that on the twenty-eighth day of November, 1890, the defendant in this proceeding commenced an action against the plaintiff herein in the…

1Opinion of the CourtStrahan, C. J.

Neither in the petition for the writ of review nor upon the trial in this court did the plaintiff suggest or claim that there was any defect or excess of jurisdiction on the part of the justice of the peace, nor was it contended that the complaint did not contain facts sufficient to constitute a cause of action. The sole question, therefore, for this court to consider is the error alleged to have been committed by the justice in refusing, to set aside the judgment after it had been entered, and to allow the defendant to file an answer.

This precise question has never been before this court,…

2Cases cited2 opinions

  1. Griffin v. PitmanOregon Supreme Court · 1880
  2. State ex rel. Schoettler v. BoettgerMissouri Court of Appeals · 1890

3Cited by2 opinions

  1. Meinert v. HarderOregon Supreme Court · 1901
  2. White v. BrownOregon Supreme Court · 1909

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