White v. Johnson
Oregon Supreme Court
Appeal from Multnomah: E. D. Shattuck, Judge. This is an action by Isam White to recover of A. H. Johnson upon two promissory notes. The complaint was filed April sixteenth, eighteen hundred and ninety-four, and on the same day a writ of attachment was issued, which, as shown by the return of the sheriff, was received and served by him on that day by attaching certain real estate, the property of A. H. Johnson, situate in Multnomah County, Oregon.
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Appeal from Multnomah: E. D. Shattuck, Judge. This is an action by Isam White to recover of A. H. Johnson upon two promissory notes. The complaint was filed April sixteenth, eighteen hundred and ninety-four, and on the same day a writ of attachment was issued, which, as shown by the return of the sheriff, was received and served by him on that day by attaching certain real estate, the property of A. H. Johnson, situate in Multnomah County, Oregon. A summons was also issued, and placed in the hands of the sheriff, who made the following indorsement thereon: “Received April seventeenth,…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. The judgment herein was given and entered against the defendant Cordelia Johnson as executrix of the last will and testament of A. H. Johnson, deceased, for want of an answer. Her appearance in the action was special only, and for the purpose of having the service of the summons upon her and the order continuing the action set aside and vacated. This she could do without giving the court jurisdiction to render a personal judgment againt her: Kinkade v. Myers, 17 Or. 470 (21 Pac. 557).
2. A judgment by default can be taken only when it appears that the…
2Cases cited15 opinions
- Judson v. LoveCalifornia Supreme Court · 1868
- Lyman v. MiltonCalifornia Supreme Court · 1872
- Kellar v. StanleyCourt of Appeals of Kentucky · 1887
- Morgan v. AveryNew York Supreme Court · 1850
- Waffle v. GobleNew York Supreme Court · 1868
10 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- White v. LaddOregon Supreme Court · 1902
- Bank of Colfax v. RichardsonOregon Supreme Court · 1898
- Wood v. HoneymanOregon Supreme Court · 1945
- Sleeper v. KillionSupreme Court of Iowa · 1914
- Service v. Sumpter Valley Ry. Co.Oregon Supreme Court · 1918
33 more not listed; retrieve them via the Exa API.