Bowman v. Holman
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Commissioner Slater. On September 6, 1886, plaintiff obtained a judgment against defendant in the circuit court for Multnomah County, for the sum of $4,399.15 and $14.95 as costs, which was entered of record on the same day; and this action was brought by the plaintiff on January 28, 1907, to recover the amount due thereon.
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From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Commissioner Slater. On September 6, 1886, plaintiff obtained a judgment against defendant in the circuit court for Multnomah County, for the sum of $4,399.15 and $14.95 as costs, which was entered of record on the same day; and this action was brought by the plaintiff on January 28, 1907, to recover the amount due thereon. Plaintiff alleges that no part thereof had been paid except the sum of $50, paid September 1, 1898; that at the time judgment was recovered and continuously until about January 1, 1892, defendant was a resident…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. At the time the judgment was entered, on which the right to recover in this action is based, the statute of this State (Section 295, Hill’s Ann. Laws 1892) provided that, whenever after the entry of a judgment a period of five years should elapse without an execution being issued on such judgment, thereafter an execution should not issue except as in that section provided. Provision was thereinafter made, whereby the party in whose favor a judgment is given should file a motion with the clerk of the court where the judgment is entered for leave to issue an…
2Cases cited11 opinions
- In Re the Judicial Settlement of the Accounts of KendrickNew York Court of Appeals · 1887
- Pitzer v. RusselOregon Supreme Court · 1871
- Beekman v. HamlinOregon Supreme Court · 1890
- Chiles v. School District of BucknerMissouri Court of Appeals · 1903
- Gray v. SeeberNew York Supreme Court · 1889
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3Cited by4 opinions
- Mason v. MasonOregon Supreme Court · 1934
- Carothers v. CarothersOregon Supreme Court · 1971
- Alexander v. MunroeOregon Supreme Court · 1909
- Courtney v. State Tax CommissionOregon Tax Court · 1964