Neuberger v. Boyce
Oregon Supreme Court
From Harney: Morton D. Clieeord, Judge. This is a suit brought in the Circuit Court for Harney County by A. Neuberger and others to set aside a general assignment for the benefit of creditors made by the defendant Boyce to his codefendant Haines, on the ground that the same is fraudulent and void as to plaintiffs.
Read the full summary
From Harney: Morton D. Clieeord, Judge. This is a suit brought in the Circuit Court for Harney County by A. Neuberger and others to set aside a general assignment for the benefit of creditors made by the defendant Boyce to his codefendant Haines, on the ground that the same is fraudulent and void as to plaintiffs. On August tenth, eighteen hundred and ninety-three, the defendant Boyce, being insolvent, made an assignment of Ms property for the benefit of creditors to the defendant Haines, who qualified and took possession thereof on the fifteenth of the month. On the twenty-second plaintiffs…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
The plaintiffs move to dismiss the appeal on the ground that service of notice of appeal on the attorney of record of the adverse party who does not reside in the county where the action or suit was tried is void, although it may in fact be made in such county.' It has repeatedly been held, and may now be regarded as settled, that under section 531 of Hill’s Code service of a notice of appeal may be made either upon a party or his attorney of record, even if the attorney resides in the county where *461the trial was had, although this is a very broad construction…
2Cases cited4 opinions
- Butler v. SmithOregon Supreme Court · 1890
- Tripp v. DeBowNew York Supreme Court · 1850
- Welton v. GaribardiCalifornia Supreme Court · 1856
- Sabin v. LebenbaumOregon Supreme Court · 1894
3Cited by2 opinions
- Del Campo v. CamarilloCalifornia Supreme Court · 1908
- Tooele Meat & Storage Co. v. MorseUtah Supreme Court · 1913