Sparks v. Smeltzer

The opinion of the court was delivered by

Johnston, C. J.:

On January 10, 1906, H. C. Smeltzer was awarded a judgment against George T. Sparks quieting the former’s title to a tract of land in Lane county. The judgment was based alone on a publication notice. On April 24, 1906, Sparks began this action to vacate that judgment, and his petition contained fourteen distinct paragraphs purporting to state reasons for setting the judgment aside. The sufficiency of the petition was challenged by a demurrer alleging that the facts stated did not constitute a cause of action against Smeltzer. The court…