Heckinger v. Swank
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. This is an action by L. E. Heckinger against J. D. Swank. The defendant being imprisoned by virtue of an execution against tbe person, applied to a judge of the Circuit Court of Multnomah County for his discharge, which was denied, and he appeals.
1Opinion of the Court 1
In Banc.
2Opinion of the Court · BurnettJustice Burnett
“Every person confined in jail on an execution issued on a judgment recovered in an action wherein the defendant is liable to be arrested, may be discharged therefrom at the end of ten days from his first confinement, upon the conditions hereinafter specified”: Section 4544, L. O. L. After a required notice has been given, the Code specifies that the person shall be taken before the jndge, who shall examine him on oath concerning his estate and effects and the disposal thereof, and his ability to pay the judgment for which he is committed, and shall also hear any other legal or…
3Cases cited2 opinions
- King v. VoosOregon Supreme Court · 1886
- Livesley v. HeiseOregon Supreme Court · 1906
4Cited by2 opinions
- In Re TeetersOregon Supreme Court · 1929
- Krebs v. LayOregon Supreme Court · 1960