State v. Finnigan
Oregon Supreme Court
From Washington County: James U. Campbell, Judge. Department 1. Statement by Mr. Justice Harris. The State of Oregon is attempting to escheat to it the property owned by James McNulty, who died intestate in April, 1907, leaving real' and personal property. The County Court appointed William T. Finnigan as administrator.
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From Washington County: James U. Campbell, Judge. Department 1. Statement by Mr. Justice Harris. The State of Oregon is attempting to escheat to it the property owned by James McNulty, who died intestate in April, 1907, leaving real' and personal property. The County Court appointed William T. Finnigan as administrator. After paying all the claims against the estate, the administrator filed his- final account showing real property undisposed of and cash on hand amounting to $1,023.26. Notice was duly given of the time fixed for hearing the final account. Petitions for the distribution of the…
1Opinion of the CourtJustice Habbis
1-3. The state is in no position to complain of the ruling which permitted the defendants to introduce the findings and order of the County Court. The state alleged in plain terms in the information that it was claiming the personal property as well as the realty; the answering defendants pleaded an adjudication of the County Court which, when proved, would utterly defeat the claim of the state to the personal property; and the state replied by denying that the County Court had made the adjudication. The pleadings raised a clear-cut issue concerning the personal property. Proof that the…
2Cases cited4 opinions
- State v. McDonaldOregon Supreme Court · 1909
- State v. O'DayOregon Supreme Court · 1902
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
- Bannister v. AldermanMassachusetts Supreme Judicial Court · 1873
3Cited by7 opinions
- State Highway Commission v. DealOregon Supreme Court · 1951
- State v. FarnamOregon Supreme Court · 1916
- Bank of California National Ass'n v. HolmanOregon Supreme Court · 1937
- Brooks v. BergholmOregon Supreme Court · 1970
- Brooks v. BergholmOregon Supreme Court · 1970
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