Legal Opinion

Stanley v. Rachofsky

Oregon Supreme Court

Decided January 21, 1908PublishedCited by 3 opinions

From Grant: George E. Davis, Judge. Statement by Mr. Commissioner Slater. On February 12, 1907, Rachofsky & Son filed, in the justice’s court for the Third Justice’s District of Grant County, a complaint embracing two causes of action against plaintiff.

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From Grant: George E. Davis, Judge. Statement by Mr. Commissioner Slater. On February 12, 1907, Rachofsky & Son filed, in the justice’s court for the Third Justice’s District of Grant County, a complaint embracing two causes of action against plaintiff. On the first cause of1 action judgment was demanded for $29-60, with interest at 6 per cent per annum from October 7, 1903, and on the second cause of action for the sum of $20, with interest at the rate of 6 per cent from July 15, 1903, and for their costs and disbursements. The summons was issued on February -12, and required the defendant…

1Opinion of the Court

Opinion by

Mr. Commissioner Slater.

1. The only deficiency in the summons urged as a reason for overturning the judgment is that, although there is given the amount of the principal of the debt for which judgment is demanded, it fails to state the rate of interest demanded, and the date or dates from which it was to be computed. At the time of the commencement of the action, the law governing trials and proceedings in civil actions in justices’ courts provided that the summons “shall require the defendant to appear and answer the complaint within seven days from the date of the service thereof…

2Cases cited16 opinions

  1. Bank of Colfax v. RichardsonOregon Supreme Court · 1898
  2. Bucklin v. StricklerNebraska Supreme Court · 1891
  3. Bewick v. MuirCalifornia Supreme Court · 1890
  4. Higley v. PollockNevada Supreme Court · 1891
  5. Keybers v. McComberCalifornia Supreme Court · 1885

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

3Cited by3 opinions

  1. López v. MeléndezSupreme Court of Puerto Rico · 1915
  2. López v. MeléndezSupreme Court of Puerto Rico · 1915
  3. Stadelman v. MinerOregon Supreme Court · 1916

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