Legal Opinion

Fraley v. Hoban

Oregon Supreme Court

Decided July 29, 1913PublishedCited by 10 opinions

From Multnomah: Calvin U. Gantenbein, Judge. This is an action by Edward J. Fraley, administrator of the estate of J. H. Truby, deceased, against A. J. Hoban and John W. Taggart, partners under the name and style of Hoban & Taggart, defendants, and W. N. Jones, garnishee. There was a judgment in favor of plaintiff against the garnishee, and he appeals. The respondent now files motion to dismiss the appeal. Department 1. Statement by Mr. Justice Burnett.

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From Multnomah: Calvin U. Gantenbein, Judge. This is an action by Edward J. Fraley, administrator of the estate of J. H. Truby, deceased, against A. J. Hoban and John W. Taggart, partners under the name and style of Hoban & Taggart, defendants, and W. N. Jones, garnishee. There was a judgment in favor of plaintiff against the garnishee, and he appeals. The respondent now files motion to dismiss the appeal. Department 1. Statement by Mr. Justice Burnett. In an action against the defendants, Hoban and Taggart, the plaintiff caused a writ of attachment to be issued and served with a notice of…

1Opinion of the CourtJustice Moore

1. This is a motion to dismiss an appeal, based on the ground of the alleged insufficiency of the notice properly to describe the judgment sought to be reviewed.

The record of the cause before us shows that on December 30, 1912, the plaintiff herein recovered from the defendant W. N. Jones, garnishee, the sum of $5,090, with interest thereon from July 11, 1907, at the rate of 6 per cent per annum and the costs and disbursements of the action. The notice referred to is entitled in the proper court; it gives the names of all the parties to the action, and, omitting the signature of the…

2Cases cited1 opinion

  1. Ream v. HowardOregon Supreme Court · 1890

3Cited by10 opinions

  1. Hudelson v. Sanders-Swafford Co.Oregon Supreme Court · 1924
  2. First Nat. Bank v. WegenerOregon Supreme Court · 1919
  3. Tucker v. NudingOregon Supreme Court · 1919
  4. Farmers & Fruit-growers' Bank v. DavisOregon Supreme Court · 1919
  5. Murphy v. BjelikOregon Supreme Court · 1917

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