Pitzer v. Russel
Oregon Supreme Court
Appeal from Benton County. This action was brought in the County Court of Benton County by the appellant, upon a judgment obtained by him before a Justice of the Peace in Grant County in this State.
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Appeal from Benton County. This action was brought in the County Court of Benton County by the appellant, upon a judgment obtained by him before a Justice of the Peace in Grant County in this State. The complaint states that the defendant was indebted to the plaintiff, on the 22d of October, 1863, in the sum of $154.80, for which he gave his promissory note; and it sets out the proceedings in the former action, in which, on the 4th of April, 1866, the plaintiff obtained judgment upon the promissory note for want of answer, and it avers “that the same judgment is in full force, having never…
1Opinion of the Court
By the Court,
Upton, J.:
The matters discussed on the argument may be resolved into these questions:
*126First. Does an action lie, as a matter of course, upon a judgment rendered in this State as soon as the judgment is rendered ?
Second. Do the particular circumstances disclosed by the transcript in the case justify the plaintiff in suing upon the judgment? .
The respondent claims that the statutory mode of applying for leave to issue execution, and the provisions in relation to filing transcripts and docketing judgments, are intended as a substitute for all other proceedings in the nature of scire…
2Cases cited4 opinions
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3Cited by15 opinions
- Stevens v. StoneTexas Supreme Court · 1901
- McDonald v. AyresTexas Commission of Appeals · 1922
- Citizens' National Bank v. LucasWashington Supreme Court · 1901
- Board of Ed. of City Drumright v. Bd. Cty.Supreme Court of Oklahoma · 1935
- Hubermann v. EvansNebraska Supreme Court · 1896
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