Legal Opinion

Beekman v. Hamlin

Oregon Supreme Court

Decided June 18, 1890PublishedCited by 9 opinions

Appeal from Jackson county: L. R. Webster, judge. This is a proceeding to revive a judgment under section 295, Hill’s Code.

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Appeal from Jackson county: L. R. Webster, judge. This is a proceeding to revive a judgment under section 295, Hill’s Code. The plaintiff alleges in his motion for leave to issue execution that on the fifth day of February, 1861, he recovered a judgment against the defendant in the circuit court of Jackson county, Oregon, in an action at law in which said C. C. Beekman was plaintiff and said James Hamlin was the defendant, for the sum of §751.43 with interest thereon from said date at the rate of one and a half per cent per month, and also for the further sum of §756.32 with interest thereon…

1Opinion of the CourtStrahan, J.

The judgment sought to be revived in this case was rendered on the fifth day of February, 1861, and the record does not show that any execution was ever issued thereon. This proceeding was commenced on the nineteenth day of March, 1889, so that more than twenty-eight years intervened between the date of the entry of judgment and this attempt to enforce it. The only question I have thought it necessary to consider is, what effect has the lapse of time upon the right to enforce this judgment, independent of the statute of limitations; in other words, what would be the rights of the parties in…

2Cases cited11 opinions

  1. Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
  2. Foulk v. BrownSupreme Court of Pennsylvania · 1834
  3. Miller v. Smith's ExecutorsCourt for the Trial of Impeachments and Correction of Errors · 1836
  4. Tilghman v. FisherSupreme Court of Pennsylvania · 1840
  5. Ray v. . PearceSupreme Court of North Carolina · 1881

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Mason v. MasonOregon Supreme Court · 1934
  2. City of Pendleton v. HolmanOregon Supreme Court · 1945
  3. Heisel v. YorkNew Mexico Supreme Court · 1942
  4. Wood v. DavinOregon Supreme Court · 1927
  5. Bowman v. HolmanOregon Supreme Court · 1909

4 more not listed; retrieve them via the Exa API.

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