Ehrman v. Astoria Railway Co.
Oregon Supreme Court
Appeal from Clatsop; Thos. A. McBride, Judge. This is a suit to foreclose a lien brought here on appeal by plaintiff after attaching the property in an action at law. Defendants claim that the seizure by attachment is a waiver of the appeal and move to dismiss it.
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Appeal from Clatsop; Thos. A. McBride, Judge. This is a suit to foreclose a lien brought here on appeal by plaintiff after attaching the property in an action at law. Defendants claim that the seizure by attachment is a waiver of the appeal and move to dismiss it. The record shows that Warren W. Corey, Charles J. Corey, Amos B. Corey, Warren H. Wattis, and Edmond D. Wattis, copartners, doing business as general railroad contractors, under the firm name of Corey Brothers & Company, having filed their notice of lien upon the property of the defendant, the Astoria and Portland Railway Company,…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
*3791. The defendants’ counsel contends that evidence dehors the record is admissible in this court, when it affects proceedings before it on appeal; a.nd that from such evidence in this case it is apparent that the plaintiff has waived his right of appeal; while plaintiff’s counsel contend that even if such evidence be admissible, it fails to show such waiver; that the issuing of an attachment and its levy upon the property of a debtor to further secure the debt does not destroy the lien given by statute for labor performed or material furnished in improvements made…
2Cases cited5 opinions
- Dakota County v. GliddenSupreme Court of the United States · 1885
- Portland Construction Co. v. O'NeilOregon Supreme Court · 1893
- Elwell v. FosdickSupreme Court of the United States · 1890
- Bolen v. CumbySupreme Court of Arkansas · 1890
- Moore v. FloydOregon Supreme Court · 1871
3Cited by18 opinions
- Ward v. CharltonSupreme Court of Virginia · 1941
- Barnes v. LynchSupreme Court of Oklahoma · 1899
- Kelly v. TracyOregon Supreme Court · 1956
- Merges v. MergesOregon Supreme Court · 1919
- Merriam v. Victory Mining Co.Oregon Supreme Court · 1900
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