Belknap v. Charlton
Oregon Supreme Court
Appeal from Crook: W. L. Bradshaw, Judge. This action was commenced by H. A. Belknap, H. P. Belknap, and S. I. Belknap, partners, in the circuit court for Crook County against C. M. and Mamie Charlton, residents of Morrow County, to recover the sum of sixty-one dollars and twenty cents upon an account for goods, wares, and merchandise sold and delivered, and for services rendered.
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Appeal from Crook: W. L. Bradshaw, Judge. This action was commenced by H. A. Belknap, H. P. Belknap, and S. I. Belknap, partners, in the circuit court for Crook County against C. M. and Mamie Charlton, residents of Morrow County, to recover the sum of sixty-one dollars and twenty cents upon an account for goods, wares, and merchandise sold and delivered, and for services rendered. A writ of attachment was duly issued and served in Crook County by attaching in the hands of one J. F. Moore certain moneys belonging to the defendants, but the summons in the action was not served on the…
1Opinion of the Court
Opinion by
Mr. Justice Bean.
1. It is admitted that the voluntary appearance of a defendant in an action is equivalent to the service of a summons, and waives all defects in the process (Code, § 62), but the contention for defendant is that no appearance, except as provided in section 530 of the Code,— that is, either by answer, demurrer, or giving plaintiff written notice,— can be deemed an appearance within the meaning of section 62 of our Code. Section 530 provides, that a defendant appears in an action when he answers, demurs, or gives plaintiff written notice of his appearance, and until…
2Cases cited17 opinions
- Layne v. Ohio River R'dWest Virginia Supreme Court · 1891
- Blackburn v. SweetWisconsin Supreme Court · 1875
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Bucklin v. StricklerNebraska Supreme Court · 1891
- Coad v. CoadWisconsin Supreme Court · 1876
12 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Jones v. JonesOregon Supreme Court · 1911
- Sweeney v. Jackson CountyOregon Supreme Court · 1919
- Thoenes v. TatroOregon Supreme Court · 1974
- Deming Investment Co. v. ElyWashington Supreme Court · 1899
- Strong v. SmithOregon Supreme Court · 1922
34 more not listed; retrieve them via the Exa API.