McCargar v. Moore
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. In Banc. Action by C. A. McCargar and others, copartners, doing business under the firm name and style of MeCargar, Bates & Lively, against L. M. Moore, doing business as L. M. Moore & Co., in which attachment was issued and levied, whereupon defendant executed bond for its release, with the Illinois Surety Company as surety.
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From Multnomah: Henry E. McGinn, Judge. In Banc. Action by C. A. McCargar and others, copartners, doing business under the firm name and style of MeCargar, Bates & Lively, against L. M. Moore, doing business as L. M. Moore & Co., in which attachment was issued and levied, whereupon defendant executed bond for its release, with the Illinois Surety Company as surety. There was judgment for plaintiffs by consent, and upon issuance of execution the Surety Company applied for hearing. From denial of the application the Surety Company appealed, and plaintiffs move to dismiss. Motion to dismiss…
1Opinion of the CourtBean, J.
Plaintiffs move to dismiss this appeal for the reason that the judgment appealed from was rendered by consent. They commenced an action against defendant L. M. Moore, doing business as L. M. Moore & Co., for the collection of $581.15. An attachment was issued and levied upon certain property, whereupon the defendant executed a bond for its release under Section 311, L. O. L., with the Illinois Surety Company as surety thereon. Two other actions were instituted by the same plaintiffs against *684the same defendant. The aggregate amount claimed in the three actions is stated to be about $1,300. On…
2Cases cited7 opinions
- Dunlap v. ClementsSupreme Court of Alabama · 1851
- Fred Andres & Co. v. SchlueterSupreme Court of Iowa · 1908
- Cortelyou v. MabenNebraska Supreme Court · 1894
- Plinsky v. NolanOregon Supreme Court · 1913
- Hayman & Co. v. HallamCourt of Appeals of Kentucky · 1881
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3Cited by5 opinions
- DeYoung v. Board of Parole & Post-Prison SupervisionOregon Supreme Court · 2001
- Lawson v. HughesOregon Supreme Court · 1928
- Carroll v. OranieSupreme Court of Florida · 1932
- Walker v. JacobsenCourt of Appeals of Oregon · 1982
- McCargar v. MooreOregon Supreme Court · 1916