Lillienthal v. A. P. Hotaling Co.
Oregon Supreme Court
Appeal from Multnomah County. The acts of the respondents who had obtained judgments were subsequently fraudulent, and the fraud tainted the whole proceeding. (Gibbs v. Neeley, 7 Watts, 307; Serfoss v. Fisher, 10 Pa. St. 184, 185.) The judgments of respondents were paid by the note. (Freeman on Judgments, §§ 463-468.) The reply introduces a new cause of action, and the demurrer thereto should have been sustained.
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Appeal from Multnomah County. The acts of the respondents who had obtained judgments were subsequently fraudulent, and the fraud tainted the whole proceeding. (Gibbs v. Neeley, 7 Watts, 307; Serfoss v. Fisher, 10 Pa. St. 184, 185.) The judgments of respondents were paid by the note. (Freeman on Judgments, §§ 463-468.) The reply introduces a new cause of action, and the demurrer thereto should have been sustained. (Durbin v. Fish, 16 Ohio St. 533; School District v. Caldwell, 16 Neb. 68; Bernheimer v. Marshall, 2 Minn. 78; Webb v. Bidwell, 15 Minn. 279; Hatch v. Coddington, 32 Minn. 92.) A…
1Opinion of the CourtThayer, J.
It appears from the facts in the case that on the twentieth day of October, 1886, one Fanny A. Holder commenced an action in said Circuit Court against one Vincent Caravita, upon three promissory notes executed to her by Cara-vita. And that on the twenty-second day of October, 1886, she recovered a judgment therein by confession against Caravita for the sum of $3,232, with interest thereon at the rate of ten per cent per annum, from said twentieth day of October, 1886, $375 attorney’s fees, and the costs and disbursements of the action. That on the same day of the rendition of said judgment…
2Cases cited1 opinion
- McKinney, Gilmore & Co. v. Farmers' National BankIllinois Supreme Court · 1882
3Cited by9 opinions
- Cranston v. West Coast Life InsuranceOregon Supreme Court · 1912
- Kiernan v. KratzOregon Supreme Court · 1902
- Mayes v. StephensOregon Supreme Court · 1901
- Wyatt v. HendersonOregon Supreme Court · 1897
- Thornton v. KaufmanMontana Supreme Court · 1907
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