Belfils v. Flint
Oregon Supreme Court
, Appeal from Douglas County. 1. The summons requires the defendant to appear at an earlier day than allowed by law, and a judgment given in such a case will be set aside. (Hunsueker v. Coffin, 2 Or. 107, 111.) 2. In this case the justice’s docket shows no return, and the return on the summons does not show that a certified copy of the complaint was served.
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, Appeal from Douglas County. 1. The summons requires the defendant to appear at an earlier day than allowed by law, and a judgment given in such a case will be set aside. (Hunsueker v. Coffin, 2 Or. 107, 111.) 2. In this case the justice’s docket shows no return, and the return on the summons does not show that a certified copy of the complaint was served. (Code, p. 115, § 54, and p. 463, § 7; York v. Crawford, 42 Miss. 508; Davis v. Patty, 42 Miss. 509; Hendley v.' Baeeus, 32 Tex. 328.) 3. A continuance was granted in this case on motion of plaintiff for more than two days. That this was…
1Opinion of the CourtLoud, C. J.
This was an action brought in a Justice’s Court to recover the possession of certain premises under the Forcible Entry and Detainer Act. Judgment went against the defendant Belfils in that action, for the possession of the premises for want of an answer. He then applied to the Circuit Court, and obtained a writ of review, which, upon the hearing, that court dismissed, and judgment was entered in accordance therewith, from which he appeals to this court.
Summons, when returnable. The first assignment of error is to the effect that, in an action of forcible entry and detainer, a summons which…
2Cases cited1 opinion
- Marooney v. McKayMultnomah County Circuit Court, Oregon · 1871
3Cited by7 opinions
- Baker City v. MurphyOregon Supreme Court · 1895
- Lane v. BallOregon Supreme Court · 1916
- Friedenthal v. ThompsonOregon Supreme Court · 1934
- People v. CooksCalifornia Court of Appeal · 1965
- LEXTON-ANCIRA, INCORPORATED v. KayOregon Supreme Court · 1974
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