Johnson v. Paulson
Oregon Supreme Court
From Multnomah: T. E. J. Durey, Judge. This is a suit by Martin Johnson, J. F. Shea and others against Josephine Paulson, W. J. Clemens, trustee, and others, for the foreclosure of mechanics’ liens. From a decree of foreclosure, the named defendants appeal. The respondent, J. F. Shea, files motion to dismiss the appeal as to him. In Banc. Statement by Me. Justice Habéis.
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From Multnomah: T. E. J. Durey, Judge. This is a suit by Martin Johnson, J. F. Shea and others against Josephine Paulson, W. J. Clemens, trustee, and others, for the foreclosure of mechanics’ liens. From a decree of foreclosure, the named defendants appeal. The respondent, J. F. Shea, files motion to dismiss the appeal as to him. In Banc. Statement by Me. Justice Habéis. Josephine Paulson was the owner of lot 4 in block 17, Irvington, an addition to the City of Portland, upon which she caused a dwelling-house to be constructed. A. S. Paulson was the contractor. Martin Johnson, Oscar Carlson,…
1Opinion of the CourtJustice Harris
1. During the trial the claim of Shea was admitted by appellants and their attorney stated in open court: “I think he is entitled to recover in this case.” While not technically a decree by confession within the meaning of Sections 186 to 192, L. O. L., inclusive, the admission is equivalent to a consent decree which is not appealable: Fassman v. Baumgartner, 3 Or. 469; Twitchell v. Risley, 56 Or. 226 (107 Pac. 459); Plinsky v. Nolan, 65 Or. 402 (133 Pac. 71); Schmidt v. Oregon Mining Co., 28 Or. 9 (40 Pac. 406, 1014, 52 Am. St. Rep. 759); State v. McDonald, 63 Or. 467 (128 Pac. 835, Ann.…
2Cases cited13 opinions
- Schmidt v. Oregon Gold Mining Co.Oregon Supreme Court · 1895
- Williams v. WilsonOregon Supreme Court · 1902
- Everding & Farrell v. ToftOregon Supreme Court · 1915
- Twitchell v. RisleyOregon Supreme Court · 1910
- Lauriat v. StrattonDistrict Court, D. Oregon · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Riner v. Southwestern Surety Ins.Oregon Supreme Court · 1917
- Stone v. State Accident Insurance Fund Corp.Oregon Supreme Court · 1983
- Basche-Sage Hdw. Co. v. De WolfeOregon Supreme Court · 1925
- Adams v. KennardOregon Supreme Court · 1927
- Harris v. Harris-Ammer Furniture Co.Oregon Supreme Court · 1922
1 more not listed; retrieve them via the Exa API.