Spencer v. Barnes
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice Eakin. This is an action by A. B. Spencer against Legene S. Barnes upon a judgment of a sister state. Plaintiff recovered judgment in the Superior Court of Los Angeles County, California, against the defendant for the sum of $71,625, on thé 29th day of July, 1912. Thereafter defendant duly filed a motion to set aside such judgment, and for a new trial.
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From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice Eakin. This is an action by A. B. Spencer against Legene S. Barnes upon a judgment of a sister state. Plaintiff recovered judgment in the Superior Court of Los Angeles County, California, against the defendant for the sum of $71,625, on thé 29th day of July, 1912. Thereafter defendant duly filed a motion to set aside such judgment, and for a new trial. The motion was argued and taken under advisement by the court, and, at the time the answer was filed in this case, had not been decided. This action was commenced on November 7, 1912.…
1Opinion of the CourtJustice Eakin
There is but one question for decision, namely, whether a judgment of another state may be sued upon in this state,. pending a motion for a new trial, before the time for appeal has expired. Defendant contends that it cannot, and cites the following six California decisions as authority for that contention: The case of Harris v. Barnhart, 97 Cal. 546, 550 (32 Pac. 589), which is an action for a debt, and in which it is held that a former judgment (domestic) for the same debt, pending appeal thereon, is not admissible in evidence on the defense of res adjudicala, but is admissible upon a plea…
2Cases cited21 opinions
- Dow v. BlakeIllinois Supreme Court · 1893
- Sewell v. PriceCalifornia Supreme Court · 1912
- Cook v. CeasCalifornia Supreme Court · 1904
- Harris v. BarnhartCalifornia Supreme Court · 1893
- Feeney v. HinckleyCalifornia Supreme Court · 1901
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3Cited by1 opinion
- Ebner v. SteffansonNorth Dakota Supreme Court · 1919