Strong v. Barnhart
Oregon Supreme Court
Appeal from Multnomah County. The facts are stated in the opinion of the court. The appellant herein objected in the court below to the granting of said motion, for the reason that it appeared by the whole record when introduced in evidence, that the proper legal steps required by law to be taken before the court could acquire jurisdiction of the person of the defendant, to authorize the rendition of such alleged judgment, had not been taken; and that, therefore, said…
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Appeal from Multnomah County. The facts are stated in the opinion of the court. The appellant herein objected in the court below to the granting of said motion, for the reason that it appeared by the whole record when introduced in evidence, that the proper legal steps required by law to be taken before the court could acquire jurisdiction of the person of the defendant, to authorize the rendition of such alleged judgment, had not been taken; and that, therefore, said alleged judgment was coram non judice and void. The only evidence of the service of process upon William H. Barnhart was a…
1Opinion of the Court
By the Court, Boise, J.:
This is a proceeding under the statute for leave to issue an execution on a dormant judgment. The appellant herein objected in the court below to the granting of the motion for leave to issue execution for the reason-that it appeared by the record of said dormant judgment, that there had been no proper service on the defendant Barnhart to give the court jurisdiction of his person, so as to render a valid judgment against him.
*102The return of this service, as appears in the record, is as follows:
“I hereby certify that I served the within summons by delivering a certified…
2Cases cited3 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- Hunsaker v. CoffinOregon Supreme Court · 1864
- Lee v. WatkinsNew York Supreme Court · 1856
3Cited by4 opinions
- Eddy v. ColdwellOregon Supreme Court · 1892
- Davis v. MagnesOregon Supreme Court · 1911
- Ebner v. HeidDistrict Court, D. Alaska · 1905
- Cassill v. MorrowSouth Dakota Supreme Court · 1900