Finley v. Houser
Oregon Supreme Court
Umatilla county: M. P. Clifford, Judge. Plaintiff appeals. This is an action of replevin to recover a stock of goods, wares, and merchandise.
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Umatilla county: M. P. Clifford, Judge. Plaintiff appeals. This is an action of replevin to recover a stock of goods, wares, and merchandise. After denying the material allegations of the complaint, the answer sets up a further defense as follows: That at all the times and dates mentioned in the complaint, defendant was the duly elected, qualified, and acting sheriff of Umatilla county, Oregon, and continued to be such sheriff until the first day of July, 1890; that on October 29,1889, . one C. A. Barrett, as the administrator of the estate of John ,P. Miller, deceased, commenced an action in…
1Opinion of the CourtStrahan, C. J.
This is not a direct proceeding to annul or vacate the judgment and decree mentioned in the pleadings, but an attempt to attack them collaterally, and thus avoid their legal effect. It has been so often decided that this could not be done, that we deem it unnecessary to cite the authorities. Morrill v. Morrill, 20 Or. 96, is the latest expression in this court on the subject; see also the same ease, 23 Am. St. Rep. 95, where it is carefully annotated and many of the cases cited.
The attack which the plaintiffs attempt to make on the mortgage amounts to nothing. It is the judgment as well as…
2Cases cited1 opinion
- Morrill v. MorrillOregon Supreme Court · 1890
3Cited by5 opinions
- Kalb v. German Savings & Loan SocietyWashington Supreme Court · 1901
- Belle v. BrownOregon Supreme Court · 1900
- Dedrick v. DurhamWashington Supreme Court · 1925
- Paulson v. Oregon Surety Co.Oregon Supreme Court · 1914
- Stadelman v. MinerOregon Supreme Court · 1916