Oregon Lumber & Fuel Co. v. Hall
Oregon Supreme Court
From Multnomah: James W. Hamilton, Judge. Department 1. Statement by Mr. Justice McBride. The Oregon Lumber & Fuel Company, a corporar tion, brought a suit against May Garland Hall and others to foreclose a materialman’s lien upon lot lb, block 84, in Laurelhurst Addition to the City of Portland, making the appealing defendant Title & Trust Company and the other defendants, who also claimed liens upon the property, parties.
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From Multnomah: James W. Hamilton, Judge. Department 1. Statement by Mr. Justice McBride. The Oregon Lumber & Fuel Company, a corporar tion, brought a suit against May Garland Hall and others to foreclose a materialman’s lien upon lot lb, block 84, in Laurelhurst Addition to the City of Portland, making the appealing defendant Title & Trust Company and the other defendants, who also claimed liens upon the property, parties. The only allegation in the complaint as to the interest of defendants is the following: “That said defendants, May Garland Hall, Home Construction Company, a corporation,…
1Opinion of the CourtJustice McBride
1. It is settled in this state that while an appeal will lie from a void decree when taken by default, it will not lie from one which is merely voidable or erroneous: Smith v. Ellendale Mill Co., 4 Or. 70; Trullenger v. Todd, 5 Or. 36; Askren v. Squire, 29 Or. 228 (45 Pac. 779).
2. The decree in this case is absolutely void as to appellant Title & Trust Company. By a failure to answer it admitted the allegations of the complaint, which were that it claimed an interest in the property. There was no allegation as to the nature of the claim *141or as to its rank with respect to plaintiff’s demand—…
2Cases cited9 opinions
- Frost v. . KoonNew York Court of Appeals · 1864
- Trullenger v. ToddOregon Supreme Court · 1873
- Short v. NoonerSupreme Court of Kansas · 1876
- Oregon Lumber & Fuel Co. v. NolanOregon Supreme Court · 1914
- Smith v. Ellendale Mill Co.Oregon Supreme Court · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Colwell v. ChernabaeffOregon Supreme Court · 1971
- In re Marriage of HenryOregon Supreme Court · 1986
- Salem King's Products Co. v. La FolletteOregon Supreme Court · 1921
- Lorenz Co. v. GrayOregon Supreme Court · 1931
- Drake v. RileyOregon Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.