Butler v. Smith
Oregon Supreme Court
Polk county: E. P. Boise, Judge. Plaintiff appeals. This case comes here on a demurrer to the plaintiff’s complaint which was sustained in the court below.
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Polk county: E. P. Boise, Judge. Plaintiff appeals. This case comes here on a demurrer to the plaintiff’s complaint which was sustained in the court below. The substance of the complaint is as follows: The plaintiff is the administrator of the estate of Isaac Vanhorn, deceased; that defendant is the sheriff of Polk county; that by virtue of an execution duly issued out of said circuit court, January 16, 1889, directed to such sheriff, upon a certain judgment and decree or foreclosure of said court, in favor of B. F. Smith, as executor of the estate of Wm. Burns, deceased} against Isaac…
1Opinion of the CourtStrahan, C. J.
1. The first question presented is the respondent’s motion to dismiss the appeal. The objection taken is that both the respondent and his attorney resided in Polk county at the time of the service, and that the *129notice was served on the respondent personally and not on his attorney. This question has arisen in this court several times, and it is to be regretted that the decisions on the subject are not entirely uniform. Section 531, Hill’s Code, provides: “When a party is absent from the state, and has no attorney in the action or suit, service may be made by mail, if his residence be known;…
2Cases cited8 opinions
- Vartie v. UnderwoodNew York Supreme Court · 1854
- Matthews v. DuryeeNew York Supreme Court · 1864
- Shirley v. BirchOregon Supreme Court · 1888
- de la Garza v. BoothTexas Supreme Court · 1866
- Lindley v. WallisOregon Supreme Court · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Temperance House v. FowleOregon Supreme Court · 1892
- Wolfer v. HurstOregon Supreme Court · 1905
- Palmer Lumber Co. v. Wallowa CountyOregon Supreme Court · 1911
- Hughes v. ClemensOregon Supreme Court · 1895
- Lewis & Dryden Printing Co. v. ReevesOregon Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.