Fenstermacher v. State
Oregon Supreme Court
Appeal from Multnomah county: E. D. Shattuck, judge. The facts in substance are, that on the seventh day of May, 1887, one John Fenstermacher died in Multnomah county intestate, leaving certain and personal property described herein; that thereafter, on the twentieth day of June, 1887, J. K. Wait was duly appointed administrator of the estate of the said intestate by the county court, and the said estate was duly administered upon and finally settled up by him, and be…
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Appeal from Multnomah county: E. D. Shattuck, judge. The facts in substance are, that on the seventh day of May, 1887, one John Fenstermacher died in Multnomah county intestate, leaving certain and personal property described herein; that thereafter, on the twentieth day of June, 1887, J. K. Wait was duly appointed administrator of the estate of the said intestate by the county court, and the said estate was duly administered upon and finally settled up by him, and be discharged on the twentieth day of May, 1888, as such administrator. No legal heirs entitled to said estate having appeared…
1Opinion of the Court
Lord J.
(after stating the facts), delivered the opinion of the court.
The first inquiry suggested is, whether the proceeding, authorized by section 3141, is a suit in equity or an action at law. For the State it was argued that the words “in civil actions,” used in the section cited, supra, indicated that the action was at law, for the reason that if it had been intended to be an equity proceeding the word “suit” would have been used, and not action. But this construe*506tion is not tenable. A civil action is instituted for the purpose of enforcing a private or civil right, or to redress a private…
2Cases cited3 opinions
- Hicklin v. McClearOregon Supreme Court · 1889
- Shaft v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1876
- Bartel v. MathiasOregon Supreme Court · 1890
3Cited by21 opinions
- Klepinger v. RhodesCourt of Appeals for the D.C. Circuit · 1944
- Astoria Railroad v. KernOregon Supreme Court · 1904
- Young v. StateOregon Supreme Court · 1900
- United States v. BracherCourt of Customs and Patent Appeals · 1926
- Hughes v. HolmanOregon Supreme Court · 1893
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