U. S. Investment Corp. v. Portland Hospital
Oregon Supreme Court
Suit by the United States Investment Corporation, Limited, and Percy H. Blyth, against the Portland Hospital and others to foreclose a mortgage. There was a decree for plaintiffs, from which W. T. Masters, receiver of the hospital, appeals, claiming precedence for the creditors of the receiver over the mortgage of plaintiff that had been given some years before the receivership began. A motion to dismiss the appeal was overruled, and the decree of the 'trial court upheld.
1Opinion of the Court 1
On Motion to Dismiss Appeal.
2Opinion of the Court · BeanChief Justice Bean
This is a motion to dismiss the appeal because notice thereof was not served upon the Portland Hospital, E. H. Habighorst, trastee, J. Benson Starr, and Charles H. Chance, whose interests, it is contended, are adverse to the appellants. These parties did not appear in the court below, but made default. Prior to the amendment of Section 537, Hill’s Ann. Laws (Laws 1899, p. 228), the statute required the notice of appeal to be served on all parties whose interests in relation to the judgment or decree appealed from were in conflict with the reversal or modification…
3Cases cited13 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Raht v. . AttrillNew York Court of Appeals · 1887
- Cake v. MohunSupreme Court of the United States · 1896
- Moody v. MillerOregon Supreme Court · 1893
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4Cited by15 opinions
- Houston Ice & Brewing Co. v. ClintCourt of Appeals of Texas · 1913
- Dalliba v. WinschellIdaho Supreme Court · 1905
- International Trust Co. v. Decker Bros.Court of Appeals for the Ninth Circuit · 1907
- National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
- Mendenhall's WillOregon Supreme Court · 1903
10 more not listed; retrieve them via the Exa API.