Cohen v. Portland Lodge No. 142
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Oregon. This is a bill in equity brought by M. Cohen by bis next friend Henry Mauser, to redeem lots 5 and 6 in block 83 in the city of Portland, from a mortgage executed by Nathan Cohen and wife, father and mother of M. Cohen, on March 22, 1888, in favor of Joseph Hume. The original mortgage was to secure the payment of the sum of $4,000 which Nathan Cohen borrowed from Hume.
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Appeal from the Circuit Court of the United States for the District of Oregon. This is a bill in equity brought by M. Cohen by bis next friend Henry Mauser, to redeem lots 5 and 6 in block 83 in the city of Portland, from a mortgage executed by Nathan Cohen and wife, father and mother of M. Cohen, on March 22, 1888, in favor of Joseph Hume. The original mortgage was to secure the payment of the sum of $4,000 which Nathan Cohen borrowed from Hume. Nathan Cohen died in September, 1891, leaving a widow and children. By the terms of the father’s will the children were vested with an equitable…
1Opinion of the CourtHunt, District Judge
(after stating the facts). It is unnecessary to discuss at length the analytical distinctions sometimes drawn between what are called collateral and direct attacks upon judgments; for here the attempt to impeach the judgment rendered in the state court, being in an action other than that wherein the judgment was rendered, we can safely regard the proceeding as embraced within those attacks denominated collateral rather than direct. It is perfectly clear to us that the appellant cannot rely upon mere imperfection of statements, or even uncertainty of statement of jurisdictional facts in the…
2Cases cited5 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Galpin v. PageSupreme Court of the United States · 1874
- Boswell's Lessee v. OtisSupreme Court of the United States · 1850
- Marx v. EbnerSupreme Court of the United States · 1901
- Neff v. PennoyerU.S. Circuit Court for the District of Oregon · 1875
3Cited by13 opinions
- Johnson v. Manhattan Railway Co.Supreme Court of the United States · 1933
- Kavanagh v. HamiltonSupreme Court of Colorado · 1912
- Ely v. United States Coal Coke CompanyCourt of Appeals of Kentucky (pre-1976) · 1932
- Quigley v. CreminSupreme Court of Florida · 1927
- Deutsche Bank National Trust Company v. BrewerAppellate Court of Illinois · 2012
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