North Pacific Cycle Co. v. Thomas
Oregon Supreme Court
Appeal from Multnomah: Hartwell Hurley, Judge. This is an action by the North Pacific Cycle Company to recover possession of a bicycle seized by the defendant A1 Thomas, as constable, under an execution issued on a judgment in favor of one Candrian, and against the plaintiff. The only question in the case is as to the validity of the judgment on which the execution in question was issued.
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Appeal from Multnomah: Hartwell Hurley, Judge. This is an action by the North Pacific Cycle Company to recover possession of a bicycle seized by the defendant A1 Thomas, as constable, under an execution issued on a judgment in favor of one Candrian, and against the plaintiff. The only question in the case is as to the validity of the judgment on which the execution in question was issued. It appears from the record that on August second, eighteen hundred and ninety-three, Candrian commenced an action in a justice’s court against the cycle company by filing a complaint, in which it was…
1Opinion of the Court
*383Opinion by
Mr. Chief Justice Bean.
1. The complaint as filed in the justice’s court may have been subject to a demurrer, but it does not follow that a judgment entered thereon is void. If the object of the plaintiff can be ascertained from the allegations of his complaint, and the court has power to grant the relief demanded, and jurisdiction of the parties, the judgment is not vulnerable to a collateral attack, although the complaint may in fact be bad in substance: Van Fleet on Collateral Attack, § 256; Berry v. King, 15 Or. 165, 13 Pac. 772.
2. If it be conceded that the summons was…
2Cases cited4 opinions
- Keybers v. McComberCalifornia Supreme Court · 1885
- Berry v. KingOregon Supreme Court · 1887
- Boynton v. FlySupreme Judicial Court of Maine · 1835
- Morse v. CarpenterNebraska Supreme Court · 1891
3Cited by15 opinions
- Fulton Insurance Co. v. White Motor Corp.Oregon Supreme Court · 1972
- Matter of HughesCalifornia Supreme Court · 1911
- Smith v. McDuffeeOregon Supreme Court · 1914
- Chivers v. Board of Com'rs of Johnston CountySupreme Court of Oklahoma · 1916
- Williams v. Steamship Mutual Underwriting Ass'nWashington Supreme Court · 1954
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