Marks v. Willis
Oregon Supreme Court
From Douglas : J. C. Fullerton, Judge. Bill by Asher Marks against William B. Willis and others to restrain the enforcement of an execution. The facts are that on May 8, 1894, the defendant Willis recovered a judgment against the plaintiff in the County Court of Douglas County in an action to recover possession of a certain verified claim against the estate of S. Marks & Company, or, if delivery could not be had, for the sum of $477.50, the value thereof.
Read the full summary
From Douglas : J. C. Fullerton, Judge. Bill by Asher Marks against William B. Willis and others to restrain the enforcement of an execution. The facts are that on May 8, 1894, the defendant Willis recovered a judgment against the plaintiff in the County Court of Douglas County in an action to recover possession of a certain verified claim against the estate of S. Marks & Company, or, if delivery could not be had, for the sum of $477.50, the value thereof. On the seventeenth of May an execution in regular form was issued thereon, and on the twenty-fifth of the same month Marks appealed to the…
1Opinion of the CourtJustice Bean
1. It is first claimed that the plaintiff’s remedy was by a motion in the court issuing the execution to quash or recall it, and not by injunction. The mere improper issuance of an execution is ordinarily no ground for equitable interference, but any irregularity in that regard must be corrected by the court issuing the writ: Gregory v. Ford, 14 Cal. 138. But, as we understand it, this suit is not based on a mere irregularity in the form of the execution, nor in the manner of its issuance, although questions of that kind are argued in the briefs. It is substantially a suit to enjoin the…
2Cases cited6 opinions
- Gregory v. FordCalifornia Supreme Court · 1859
- Etchepare v. AguirreCalifornia Supreme Court · 1891
- Meads, Seaman & Co. v. LasarCalifornia Supreme Court · 1891
- Carson v. ApplegarthNevada Supreme Court · 1870
- Irvin v. SmithWisconsin Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McIntosh Livestock Co. v. BuffingtonOregon Supreme Court · 1923
- La Vie v. CrosbyOregon Supreme Court · 1903
- Johnson v. GallegosNew Mexico Supreme Court · 1900
- Lierly v. Motor Mtg. Co.Supreme Court of Oklahoma · 1935
- Scott v. PlattOregon Supreme Court · 1945
3 more not listed; retrieve them via the Exa API.