Huntington v. Crouter
Oregon Supreme Court
From Baker: Robert Eakin, Judge. This is a suit by A. H. Huntington to set aside a judgment against him, and to enjoin a levy upon his property under an execution issued thereon.
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From Baker: Robert Eakin, Judge. This is a suit by A. H. Huntington to set aside a judgment against him, and to enjoin a levy upon his property under an execution issued thereon. The facts are : That Frank Clarke and W. A. Weatlierby commenced an action in the Circuit Court of Baker County, Oregon, against S. F. Murphy, J. W. Murphy, J. C. Young, and plaintiff (alleging that they were co-partners as Murphy, Huntington & Young), to recover the sum of $503.25. The summons issued in said action was returned with a certificate by the sheriff indorsed thereon to the effect that he had served the…
1Opinion of the CourtChief Justice Moore
It is contended by defendants’ counsel that the sheriff’s return upon the summons in question is conclusive upon the parties to the action ; that plaintiff cannot controvert the facts recited therein ; and that, if he has been injured thereby, his remedy is an action against the officer for a false return, — while plaintiff’s counsel maintain that the judgment rendered upon the false return, without notice to, appearance of, or defense by their client, is void ; that the circumstances rendering it so are not apparent from an inspection of the record, and, such being the case, a court of law…
2Cases cited16 opinions
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- Randall v. CollinsTexas Supreme Court · 1881
- Connell v. GalligherNebraska Supreme Court · 1893
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