White v. Ladd
Oregon Supreme Court
From Multnomah.: E. D. Si-iattuck, Judge. The following is a brief narrative of the facts leading to the commencement of this action, and the steps subsequently taken material to an understanding of the controversy. On April 16, 1894, Isam White filed his complaint against A. H. Johnson, to recover upon certain promissory notes. At tlie same time an affidavit and undertaking were filed, and a writ of attachment issued.
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From Multnomah.: E. D. Si-iattuck, Judge. The following is a brief narrative of the facts leading to the commencement of this action, and the steps subsequently taken material to an understanding of the controversy. On April 16, 1894, Isam White filed his complaint against A. H. Johnson, to recover upon certain promissory notes. At tlie same time an affidavit and undertaking were filed, and a writ of attachment issued. The writ was executed at 3 o’clock P. M., and at 7 P. M. the defendant Johnson died. On May 29, 1894, plaintiff filed his affidavit showing the above facts, and that at the…
1Opinion of the CourtChief Justice Wolverton
1. The first assignment of error relied upon is that the court was not warranted by the facts in permitting the former sheriff to so amend his indorsement upon the old or original summons as to show that he received such summons on the sixteenth, rather than on the seventeenth day of April, 1894. It seems to be conceded that the court had the power to permit the amendment, but it is contended that the facts upon which it was made were insufficient to support its action in that regard. The application for leave to amend was based upon the affidavits of the former sheriff and Charles H. Chance,…
2Cases cited7 opinions
- White v. JohnsonOregon Supreme Court · 1895
- Allen v. MoerSupreme Court of Iowa · 1864
- Hill v. TownleySupreme Court of Minnesota · 1891
- Dick v. KendallOregon Supreme Court · 1876
- Teel v. WinstonOregon Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- White v. LaddOregon Supreme Court · 1902
- Knapp v. WallaceOregon Supreme Court · 1907
- McKinnis v. DodgeOregon Supreme Court · 1922
- Robinson v. ScottOregon Supreme Court · 1916
- Hughes, Trustee v. HoneymanOregon Supreme Court · 1949
2 more not listed; retrieve them via the Exa API.