Anderson v. McClellan
Oregon Supreme Court
Statement, by Mr. Justice McBride. George W. Anderson, plaintiff, brought ejectment proceedings against Theodore McClellan, Arizona McClellan and George Bowsman, defendants, to recover certain lands situated in Grant County. Summons was served upon Theodore McClellan and Arizona McClellan personally, but, George Bowsman not being at what the sheriff deemed his legal place of residence, substituted service was made upon Mrs. Arizona McClellan, his mother.
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Statement, by Mr. Justice McBride. George W. Anderson, plaintiff, brought ejectment proceedings against Theodore McClellan, Arizona McClellan and George Bowsman, defendants, to recover certain lands situated in Grant County. Summons was served upon Theodore McClellan and Arizona McClellan personally, but, George Bowsman not being at what the sheriff deemed his legal place of residence, substituted service was made upon Mrs. Arizona McClellan, his mother. The sheriff’s reurn on the summons is as follows: “State of Oregon, County of Grant, ss: I hereby certify that on the 25th day of August,…
1Opinion of the CourtJustice McBride
1. The defendant waived his right to object to the judgment for want of proper service of summons by appearing and asking leave to answer to the merits. Mayer v. Mayer, 27 Or. 133 (39 Pac. 1002). It will not therefore be necessary to discuss the various objections raised by defendant’s counsel to the sufficiency of the service or the regularity of the judgment.
2. The defendant presented affidavits attempting to excuse his lack of diligence in making an appearance in the cause. A copy of summons and complaint was left with his mother for him on August 25, 1908, and he claims in his affidavits…
2Cases cited4 opinions
- Hanthorn v. OliverOregon Supreme Court · 1897
- Mayer v. MayerOregon Supreme Court · 1895
- State v. EvansOregon Supreme Court · 1916
- Harding v. HardingOregon Supreme Court · 1905
3Cited by5 opinions
- Felts v. BoyerOregon Supreme Court · 1914
- Herrick v. WallaceOregon Supreme Court · 1925
- Barnes v. AndersonOregon Supreme Court · 1923
- Osburn v. MaataOregon Supreme Court · 1913
- State Ex Rel. Nevada Douglass Gold Mines, Inc. v. District Court of Seventh Judicial DistrictNevada Supreme Court · 1929