Eddy v. Coldwell
Oregon Supreme Court
Multnomah County: E. D. Shattuck, Judge. Plaintiff appeals. This is an action at law to recover the possession of certain real property described in the complaint. The pleadings are in the usual form, and present the issue sought to be tried in such actions. The parties waived a trial by a jury and consented to try the issue before the court. After trial the court found and filed its conclusions of fact and law, which are set out in the record.
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Multnomah County: E. D. Shattuck, Judge. Plaintiff appeals. This is an action at law to recover the possession of certain real property described in the complaint. The pleadings are in the usual form, and present the issue sought to be tried in such actions. The parties waived a trial by a jury and consented to try the issue before the court. After trial the court found and filed its conclusions of fact and law, which are set out in the record. For the purposes of this case it is enough to state that on the twenty sixth day of November, 1872, E. F. Russell became the owner of the tract of…
1Opinion of the CourtLord, C. J.
(after stating the facts). — At common law no execution could be issued upon a judgment after the expiration of a year and a day, unless an execution had been taken out and returned during that time. When this had not been done within that period, the judgment became inoperative or, as it is usually called, dormant, and so continued until it was revived by a writ of scire facias. This is a writ founded upon the judgment, the object of which is to obtain authority to have an execution issued thereon; and ordering the defendant to show cause, if any there be, why such execution should not…
2Cases cited7 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Winder v. CaldwellSupreme Court of the United States · 1853
- Burnett v. KullakCalifornia Supreme Court · 1888
- State ex rel. Wilson v. ShivelyOregon Supreme Court · 1882
- Pursel v. DealOregon Supreme Court · 1888
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3Cited by8 opinions
- Dewey v. DeweyMichigan Supreme Court · 1908
- Gillespie v. SwitzerNebraska Supreme Court · 1895
- Dunham v. BentleySupreme Court of Iowa · 1897
- Skinner v. First Nat. Bank of DavisSupreme Court of Oklahoma · 1928
- Da Arauje v. RodriquesCalifornia Court of Appeal · 1942
3 more not listed; retrieve them via the Exa API.