Banning v. Roy
Oregon Supreme Court
From Coos: James W. Hamilton, Judge. Statement by Mr. Justice Bean. This is an action by H. Banning against J. L. Roy and J. W. Leneve on a bail bond. 'On or before the 7th of March, 1904, the plaintiff commenced an action at law in the circuit court for Coos County against one Romander to recover money. On the day named an order and warrant for the arrest of Romander was issued in the action, and he was-arrested by the sheriff of the county.
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From Coos: James W. Hamilton, Judge. Statement by Mr. Justice Bean. This is an action by H. Banning against J. L. Roy and J. W. Leneve on a bail bond. 'On or before the 7th of March, 1904, the plaintiff commenced an action at law in the circuit court for Coos County against one Romander to recover money. On the day named an order and warrant for the arrest of Romander was issued in the action, and he was-arrested by the sheriff of the county. On the next day he was discharged on giving bail, by causing a written undertaking to be executed in favor of the plaintiff by the two defendants in the…
1Opinion of the CourtJustice Bean
1. Before the plaintiff can recover on the undertaking given by the defendants for the discharge of Romander from arrest, it must .appear that an execution against his person was legally issued on the judgment recovered against him.. The contention of the defendants is that no such execution could rightfully issue, because the judgment makes no reference to the arrest or the warrant therefor, nor does it provide thafit may be enforced by execution against the person. The question thus presented is whether, under our statute, to justify an arrest and imprisonment of a defendant upon an…
2Cases cited8 opinions
- Payne v. ElliotCalifornia Supreme Court · 1880
- Elwood v. . GardnerNew York Court of Appeals · 1871
- J. A. Burrichter & Co. v. ClineWashington Supreme Court · 1891
- Davis v. RobinsonCalifornia Supreme Court · 1858
- Hutchinson v. . BrandNew York Court of Appeals · 1853
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3Cited by2 opinions
- In Re TeetersOregon Supreme Court · 1929
- Wright v. WimberlyOregon Supreme Court · 1919