Meyer v. Brooks
Oregon Supreme Court
Appeal from Klamath: W. C. Hale, Judge. This is an action by George Yon L. Meyer against Quincy A. Brooks and others on a judgment recovered by the plaintiff against the defendants in the State of Washington.
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Appeal from Klamath: W. C. Hale, Judge. This is an action by George Yon L. Meyer against Quincy A. Brooks and others on a judgment recovered by the plaintiff against the defendants in the State of Washington. The original complaint was filed on the twenty-first day of July, eighteen hundred and ninety-four, and alleged, in substance, that on the twenty-ninth of the previous April the plaintiff commenced an action in the Superior Court of the State of Washington against the defendants to recover a certain sum of money, by filing a complaint and issuing a summons thereon; that such proceedings…
1Opinion of the Court
Opinion by Mr.
Chiee Justice Bean.
1. The first, third and fourth grounds of the motion require but little notice. The amended complaint does not change the cause of action stated in the original, and therefore does not operate to discharge or affect the attachment: Suksdorff v. Bigham, 13 Or. 369 (12 Pac. 818).
2. And, while the amended complaint does not aver that the mortgage security has been exhausted, it does not negative that fact. Besides, the affidavit for the writ of attachment states that the judgment sued on was not secured by any mortgage, lien, or pledge upon real or personal…
2Cases cited6 opinions
- Belknap v. CharltonOregon Supreme Court · 1893
- Gutta Percha & Rubber Manufacturing Co. v. MayorNew York Court of Appeals · 1888
- Taylor v. RootNew York Court of Appeals · 1868
- Suksdorff v. BighamOregon Supreme Court · 1886
- Childs v. Harris Manufacturing Co.Wisconsin Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- DeVall v. DeVallOregon Supreme Court · 1910
- Brauer v. City of PortlandOregon Supreme Court · 1899
- Herrick v. WallaceOregon Supreme Court · 1925
- Spores v. MaudeOregon Supreme Court · 1916
- Beartooth Stock Co. v. GrosscupMontana Supreme Court · 1920
4 more not listed; retrieve them via the Exa API.