Howe v. Taylor
Oregon Supreme Court
Appeal from Columbia County. This is a suit in equity by the appellant against tbe respondent and others, who are the sureties upon the official undertaking of one C. H. Williams, late county clerk of Columbia county, for relief on account of the official delinquency of Williams as such clerk. The appellant, on the fifth of April, 1872, loaned one Gillihan two thousand dollars, and took as security a mortgage upon certain real estate in Columbia county.
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Appeal from Columbia County. This is a suit in equity by the appellant against tbe respondent and others, who are the sureties upon the official undertaking of one C. H. Williams, late county clerk of Columbia county, for relief on account of the official delinquency of Williams as such clerk. The appellant, on the fifth of April, 1872, loaned one Gillihan two thousand dollars, and took as security a mortgage upon certain real estate in Columbia county. The real estate was unincumbered and of sufficient value to make the security ample. The appellant, on the second of May, 1872, delivered the…
1Opinion of the Court
By the Court, Watson, J.:
We will consider the first and fourth causes of demurrer together, because no other reason is presented by counsel for the respondents,'to sustain the objection to the complaint that the court has no jurisdiction of the subject of the suit, than those relied upon to show that the complaint does not state facts sufficient to constitute a cause of suit. It was not claimed in the argument that if the complaint states sufficient grounds to entitle the appellant to equitable relief, the circuit court did not have the jurisdiction to grant it. Being a court of general…
2Cited by13 opinions
- Templeton v. BocklerOregon Supreme Court · 1914
- Oregon v. DavisOregon Supreme Court · 1903
- Shultz v. ShivelyOregon Supreme Court · 1914
- Barnes v. Massachusetts Bonding Co.Oregon Supreme Court · 1918
- Riddle v. Eugene Lodge No. 357 of the Benevolent & Protective Order of Elks of the United StatesCourt of Appeals of Oregon · 1989
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