Knapp v. Wallace
Oregon Supreme Court
From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Justice Eakin. The complaint in this case sets out a cause of suit for foreclosure of a mortgage, bearing date of February 7, 1900, executed by Edgar T. Wallace, in favor of Mrs. 0. Julien, upon mining lands in Josephine County, Oregon, as security for the payment of a promissory note for $1,445, with interest thereon at the rate of1 10 per cent per annum; that thereafter on March 7, ■ 1901, said Wallace conveyed said…
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From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Justice Eakin. The complaint in this case sets out a cause of suit for foreclosure of a mortgage, bearing date of February 7, 1900, executed by Edgar T. Wallace, in favor of Mrs. 0. Julien, upon mining lands in Josephine County, Oregon, as security for the payment of a promissory note for $1,445, with interest thereon at the rate of1 10 per cent per annum; that thereafter on March 7, ■ 1901, said Wallace conveyed said lands to the defendant, the Althouse Mining Co., a corporation, and on October 13, 1904, said Mrs. Julien duly assigned…
1Opinion of the Court
Opinion by
Mr. Justice Bakin.
1. At the trial, the judgment roll in the suit of Camp v. Althouse Mining Co. was offered in evidence by the plaintiff, to show want of jurisdiction of the court, and by the defendant to show jurisdiction. The proof of service of the summons upon the defendant, the Althouse Mining Co., appears by the return of the sheriff of Multnomah County, W. A. Story, by H. L. Moreland, his deputy, made on the 18th day of May, 1904, by personal service in Multnomah County on B. F. Walker, president of the said Althouse Mining Co.; but it does not show that such service was made…
2Cases cited20 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- St. Clair v. CoxSupreme Court of the United States · 1882
- Settlemier v. SullivanSupreme Court of the United States · 1879
- Bank of Colfax v. RichardsonOregon Supreme Court · 1898
- Heatherly v. HadleyOregon Supreme Court · 1869
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3Cited by22 opinions
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- Bagley v. BlochOregon Supreme Court · 1917
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- Smith v. WhitingOregon Supreme Court · 1910
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