Lieblin v. Breyman Leather Co.
Oregon Supreme Court
From Wasco: William L. Bradshaw, Judge. In Banc. Statement by Mb. Justice Bean. This is a suit by Frank Lieblin against the Breyman Leather Company, a corporation, and Levi Chrisman, to cancel and restrain the enforcement of a judgment. From a decree sustaining a general demurrer to plaintiff’s complaint and dismissing the suit, plaintiff appeals.
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From Wasco: William L. Bradshaw, Judge. In Banc. Statement by Mb. Justice Bean. This is a suit by Frank Lieblin against the Breyman Leather Company, a corporation, and Levi Chrisman, to cancel and restrain the enforcement of a judgment. From a decree sustaining a general demurrer to plaintiff’s complaint and dismissing the suit, plaintiff appeals. On December 21, 1911, defendant, the Breyman Leather Company, filed a complaint in the Circuit Court for Wasco County against John W. Dickens, for the recovery of the sum of $1,117.73. On the same date it filed an affidavit and undertaking for…
1Opinion of the CourtJustice Bean
In addition to the facts stated above, plaintiff alleges that he is the owner of the real estate attached in the action against John W. Dickens, and that on account of a lack of service of the summons upon Ida M. Dickens, the guardian of the defendant in that action, the Circuit Court which rendered the judgment did not acquire jurisdiction over the person of that defendant so as to authorize the rendition of the judgment, and that the same is absolutely void, and should be canceled and the enforcement upon execution enjoined in order to prevent a cloud upon plaintiff’s title to the land. The…
2Cases cited4 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Walker v. GoldsmithOregon Supreme Court · 1886
- Smith v. MorrillColorado Court of Appeals · 1898
- Wilhelm v. WoodcockOregon Supreme Court · 1884
3Cited by5 opinions
- Acton v. LambersonOregon Supreme Court · 1921
- Dixie Meadows Independence Mines Co. v. KightOregon Supreme Court · 1935
- Keane v. City of PortlandOregon Supreme Court · 1925
- Gordon v. AdamsOregon Supreme Court · 1928
- Bank of Sheridan v. HeiderOregon Supreme Court · 1932