Paddock v. Hume
Oregon Supreme Court
Appeal from Multnomah County. Paddock, the respondent, brought a civil action against one Shaeffer, a non-resident, and procured his arrest. The appellants, Hume and Herman, executed a bond conditioned that Shaeffer would pay any judgment that Paddock might recover in the action, whereupon Shaeffer was discharged from arrest. Paddock subsequently recovered judgment in the action.
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Appeal from Multnomah County. Paddock, the respondent, brought a civil action against one Shaeffer, a non-resident, and procured his arrest. The appellants, Hume and Herman, executed a bond conditioned that Shaeffer would pay any judgment that Paddock might recover in the action, whereupon Shaeffer was discharged from arrest. Paddock subsequently recovered judgment in the action. Before such judgment was rendered, Humé and Herman duly delivered to the proper officer a properly certified copy of the bond or undertaking as provided by statute in case of surrender under bail bonds, surrendered…
1Opinion of the Court
By the Court, Prim, C. J.:
The circuit court having rendered judgment in favor of the plaintiff upon the pleadings, notwithstanding the verdict qf the jury for the defendants, the correctness of the judgment can only be ascertained and determined from the state of the pleadings.
On looking into the pleadings we find that it is alleged in the complaint that defendants executed a “bond undertaking or writing obligatory,” to the effect that said Shaeffer should be and appear at the trial in a certain civil action then pending in a certain justice’s court between the plaintiff and said Shaeffer,…
2Cases cited4 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Barnes ex rel. Hayes v. WebsterSupreme Court of Missouri · 1852
- Sheppard & Morgan v. CollinsSupreme Court of Iowa · 1862
- Garretson v. ReederSupreme Court of Iowa · 1867
3Cited by4 opinions
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Taylor v. FleckensteinUnited States Circuit Court · 1887
- County of Douglas v. ClarkOregon Supreme Court · 1887
- Powell v. SickingerDistrict Court, D. Alaska · 1911