Thibault v. Lennon
Oregon Supreme Court
From Coos : J. C. Fullerton, Judge. Action by Kate F. Thibault against J. A. Lennon to ■recover exempt property levied on by defendant. In an action pending in a justice’s court, the defendant, as constable, attached certain household goods, which the plaintiff some days later claimed as exempt from execution and attachment, being in actual use and kej)t for use by her and for herself and family for household purposes.
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From Coos : J. C. Fullerton, Judge. Action by Kate F. Thibault against J. A. Lennon to ■recover exempt property levied on by defendant. In an action pending in a justice’s court, the defendant, as constable, attached certain household goods, which the plaintiff some days later claimed as exempt from execution and attachment, being in actual use and kej)t for use by her and for herself and family for household purposes. Upon his refusal to comply with her demand, she instituted this action in the county court of Coos County, to recover the possession thereof, wherein she was successful, and…
1Opinion of the CourtJustice Wolverton
1. The statute requires that the transcript on appeal shall contain, among other things, a copy of the notice of appeal: Hill’s Ann. Laws, § 541. Undoubtedly, the omission left the transcript incomplete. By section 542, when it appears by affidavit to the satisfaction of the court that the transcript is incomplete in any particular substantially affecting the judgment or decree appealed *282from, the court shall, upon motion of the respondent, make a rule upon the clerk of the court below to certify up the omitted order, entry, or paper. But the respondent may, if he desires, file a motion to…
2Cases cited10 opinions
- Wilcox v. . HawleyNew York Court of Appeals · 1864
- Elder v. WilliamsNevada Supreme Court · 1882
- State ex rel. Codding v. FinnMissouri Court of Appeals · 1880
- Stewart v. McClungOregon Supreme Court · 1885
- Ross v. HannahSupreme Court of Alabama · 1850
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3Cited by4 opinions
- Childers v. BrownOregon Supreme Court · 1916
- Schaefer v. Montgomery Ward & Co.Oregon Supreme Court · 1941
- In Re Cooke's EstateOregon Supreme Court · 1941
- Nelson v. OiumSouth Dakota Supreme Court · 1908