Settlemier v. Sullivan
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of Oregon. This was an action for the possession of certain lands in the State of Oregon.
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Error to the Circuit Court of the United States for the District of Oregon. This was an action for the possession of certain lands in the State of Oregon. The plaintiff asserted title to them under a patent of the United States, issued, in 1875, to one Durcharme and wife, a previous conveyance by them to one Magers, and a deed by the latter and wife in 1877. The defendant claimed to have acquired the title' to the premises by a sheriff's deed, made in 1862, on a sale of the property under execution, upon a judgment recovered by one Walker against Magers in one of the courts of Oregon. The…
1Opinion of the CourtJustice Field
If the certificate of the sheriff were the only document in the record, ref erring to the service of the complaint and notice, there would be no doubt as to the correctness of the ruling of the court below. Service upon the wife of the defendant was not service upon him. No theoretical unity of husband and wife can make service upon one equivalent to service upon the other. Personal citation to the defendant, or his voluntary appearance, is the essential preliminary to a purely personal judgment. The statute of the State in force at the time required service in cases other than those brought…
2Cases cited2 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Trullenger v. ToddOregon Supreme Court · 1873
3Cited by94 opinions
- Adam v. SaengerSupreme Court of the United States · 1938
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Guaranty Trust and Safe Deposit Co. v. Green Cove Springs and Melrose RailroadSupreme Court of the United States · 1891
- Amy v. WatertownSupreme Court of the United States · 1889
- Cheely v. ClaytonSupreme Court of the United States · 1884
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