Mitchell v. Silver Lake Lodge
Oregon Supreme Court
From Wallowa: Robert Eakin, Judge. This is an action by James M. Mitchell and others against Silver Lake Lodge, Number Eighty-four, Independent Order of Odd Fellows, to recover damages for an alleged abuse of legal process.
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From Wallowa: Robert Eakin, Judge. This is an action by James M. Mitchell and others against Silver Lake Lodge, Number Eighty-four, Independent Order of Odd Fellows, to recover damages for an alleged abuse of legal process. The facts are that the defendant, a corporation, having commenced an action in the Circuit Court of Wallowa County against the plaintiffs to recover one thousand dollars, sued out a writ of attachment, in pursuance of which the sheriff of said county attached certain real and personal property in the possession of and owned by them. Thereafter the said court, upon motion,…
1Opinion of the Court
*296Opinion by
Mr. Justice Moore.
It is contended by counsel for the defendant that, the plaintiffs not having alleged that the attachment of their property was malicious, the complaint does not state facts sufficient to constitute a cause of action, and that the court erred in overruling the motion for a nonsuit, and rendering judgment on the verdict. The first question presented for consideration is whether this action is brought upon the undertaking, for, if so, the complaint is sufficient, as it alleges that the attachment was “wrongful and without sufficient cause” (Hill’s Code, § 14.6); and…
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