Kellogg v. Smith
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Moore. This is a suit by Eugene Kellogg against W. M. Smith to cancel a deed of real property, a promissory note, and chattel mortgage.
Read the full summary
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Moore. This is a suit by Eugene Kellogg against W. M. Smith to cancel a deed of real property, a promissory note, and chattel mortgage. The facts are that on August 23, 1912, the defendant W. M. Smith was the owner and in possession at No. 707 Vancouver Avenue, Portland, Oregon, of certain machinery, consisting chiefly of one upright engine, five washing machines, one extractor, three wagons, one auto truck, fixtures and equipments used in and designated as the Albina Wet Wash Laundry, which property he on that day, for the…
1Opinion of the CourtJustice Moore
1. A motion has been interposed in limine to dismiss the appeal on the ground that the defendant had acquiesced in and complied with the final order of the court herein. It appears from the affidavit of one of plaintiff’s counsel that on November 26, 1912, when the decree was given, the laundry was not being operated; that a few days thereafter he was notified by *453telephone by one of defendant’s attorneys to appear at 707 Vancouver Avenue, at 1:30 o’clock P. M. of the day named to turn over the laundry, machinery, etc.; that pursuant thereto, the plaintiff and affiant, at the time so…
2Cases cited8 opinions
- Galvin v. Brown & McCabeOregon Supreme Court · 1909
- Savage v. SavageOregon Supreme Court · 1908
- Roots v. Boring Junction Lumber Co.Oregon Supreme Court · 1907
- Elwert v. MarleyOregon Supreme Court · 1909
- Oregon Elec. Ry. Co. v. Terwilliger Land Co.Oregon Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kelly v. TracyOregon Supreme Court · 1956
- Carpenter v. CarpenterOregon Supreme Court · 1936
- Graves v. State Industrial Accident CommissionOregon Supreme Court · 1924
- Miller Et Ux v. Barker Et UxOregon Supreme Court · 1962
- Fluhrer v. BramelOregon Supreme Court · 1938
7 more not listed; retrieve them via the Exa API.