Schmidt v. Oregon Gold Mining Co.
Oregon Supreme Court
Appsal from Union: Morton D. Clifford, Judge. This suit was instituted to foreclose three several mortgages executed by the Oregon Gold Mining Company to A. L. Schmidt as trustee to secure the. payment of certain bonds of the company, bearing dates respectively May first and October first, eighteen hundred and eighty-eight, and September first, eighteen hundred and eighty-nine.
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Appsal from Union: Morton D. Clifford, Judge. This suit was instituted to foreclose three several mortgages executed by the Oregon Gold Mining Company to A. L. Schmidt as trustee to secure the. payment of certain bonds of the company, bearing dates respectively May first and October first, eighteen hundred and eighty-eight, and September first, eighteen hundred and eighty-nine. Each of said mortgages in effect provides that in case of default in the conditions imposed the trustee might foreclose and sell the property described therein, and that out of the proceeds he should be allowed for…
1Opinion of the Court
Opinion by
Mr. Justice Wodverton.
1. Section 536 of Hill’s Code provides that “any party to a judgment or decree other than a judgment or decree given by confession, or for want of an answer, may appeal therefrom.” The decree appealed from, in a strict sense, is neither a decree given by confession nor for want of an answer; but it has been held by this court that by consenting to the rendition of a judgment against himself the defendant, in effect, waives his answer, and thereby leaves no issue in the case to be tried; and that from such a judgment no appeal lies: Rader v. Barr, 22 Or. 496 (29…
2Cases cited6 opinions
- Pacific Railroad v. KetchumSupreme Court of the United States · 1880
- Armstrong v. CooperIllinois Supreme Court · 1850
- Reynolds v. HosmerCalifornia Supreme Court · 1873
- Rader v. BarrOregon Supreme Court · 1892
- Leese v. ClarkCalifornia Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- People ex rel. Stead v. Spring Lake Drainage & Levee DistrictIllinois Supreme Court · 1912
- McArthur v. ThompsonNebraska Supreme Court · 1941
- State Ex Rel. Dean v. DeanOregon Supreme Court · 1931
- H. A. Keach v. Roberta KeachCourt of Appeals of Kentucky (pre-1976) · 1927
- Lodge v. WilliamsCourt of Appeals of Kentucky · 1922
35 more not listed; retrieve them via the Exa API.