Watson v. Moore
Oregon Supreme Court
From Columbia: Thos. A, McBride, Judge. James F. Watson, trustee, and another recovered a judgment against H. B. Borthwick, in 1895. At half past eight o’clock on the morning of the ninth of October, 1899, Borthwick died, and four hours later executions were issued on said judgment and instantly levied on his property. The next day D. J. Moore was appointed administrator of the estate and petitioned for the recall of the executions.
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From Columbia: Thos. A, McBride, Judge. James F. Watson, trustee, and another recovered a judgment against H. B. Borthwick, in 1895. At half past eight o’clock on the morning of the ninth of October, 1899, Borthwick died, and four hours later executions were issued on said judgment and instantly levied on his property. The next day D. J. Moore was appointed administrator of the estate and petitioned for the recall of the executions. The petition was granted, the executions were recalled and quashed, and the plaintiffs appealed.
1Opinion of the CourtJustice Wolverton
The plaintiffs, having an unsatisfied decree against H. B. Borthwick, caused several executions thereon to issue contemporaneously to the sheriffs of different counties subsequent to his death and prior to the appointment of an administrator of his estate, which, being decreed by the court below to have been improvidently issued, .were recalled and quashed, and the plaintiffs appeal.
The sole question presented is whether an execution may issue during such period, and depends entirely upon the proper construction or rendition of the statute pertaining to the enforcement of judgments in civil…
2Cases cited2 opinions
- Wallace v. . SwintonNew York Court of Appeals · 1876
- Bower v. HolladayOregon Supreme Court · 1889
3Cited by10 opinions
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