Abraham v. Miller
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Commissioner Slater. On May 9, 1902, B. E. Miller filed his complaint in Multnomah County in an action against Albert Abraham to recover a sum of money on an account.
Read the full summary
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Commissioner Slater. On May 9, 1902, B. E. Miller filed his complaint in Multnomah County in an action against Albert Abraham to recover a sum of money on an account. Summons directed to Albert Abraham, the defendant, was issued and delivered to the sheriff on that day for service, and on the 16th the same was filed in the cause with the following return indorsed thereon: “State of Oregon, County of Multnomah—ss.: I, William Frazier, sheriff of said state and county, do hereby certify that I served the within summons within said…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
There are two appeals to be considered—one from an action at law upon the motion of plaintiff therein granting leave to the sheriff to amend his return to conform to the alleged facts by changing the name of “Alfred Abraham” to “Albert Abraham,” and the other from the decree dismissing the complaint in the equity suit. But the consideration of the latter will be sufficient to determine the whole controversy.
1. It has been established by this court in Huntington v. Crouter, 33 Or. 408 (54 Pac. 208: 72 Am. St. Rep. 726), that a court of equity has jurisdiction…
2Cases cited6 opinions
- Randall v. CollinsTexas Supreme Court · 1881
- Gate City Abstract Co. v. PostNebraska Supreme Court · 1898
- Sandwich Manuf'g Co. v. EarlSupreme Court of Minnesota · 1894
- Huntington v. CrouterOregon Supreme Court · 1898
- Starkweather v. MorganSupreme Court of Kansas · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Coquille Mill & Mercantile Co. v. JohnsonOregon Supreme Court · 1908
- Pierce-Fordyce Oil Ass'n v. StaleyCourt of Appeals of Texas · 1916
- Burden v. Copco Refrigeration, Inc.Oregon Supreme Court · 2005
- CITY OF MILTON-FREEWATER v. AshleyCourt of Appeals of Oregon · 2007
- Pierce-Fordyce Oil Ass'n v. StaleyCourt of Appeals of Texas · 1916