Leslie v. McNeil
Oregon Supreme Court
Prom Coos: John S. Coke, Judge. Statement by Mr. Justice Benson. Gr. W. Leslie began an action in the Circuit Court of Coos County against J. D. McNeil and Nellie T. McNeil, his wife, for the recovery of money by filing a complaint and placing in the hands of the sheriff a summons to be forwarded to the sheriff of Harney County, where defendants then resided, and a writ of attachment was issued and a levy made thereunder by the sheriff of Coos County upon certain real-…
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Prom Coos: John S. Coke, Judge. Statement by Mr. Justice Benson. Gr. W. Leslie began an action in the Circuit Court of Coos County against J. D. McNeil and Nellie T. McNeil, his wife, for the recovery of money by filing a complaint and placing in the hands of the sheriff a summons to be forwarded to the sheriff of Harney County, where defendants then resided, and a writ of attachment was issued and a levy made thereunder by the sheriff of Coos County upon certain real- property. The summons was subsequently served upon the defendants personally in Harney County, and they appeared specially by…
1Opinion of the CourtJustice Benson
1. We find it necessary to consider but one of the several questions presented, and that is the sufficiency of the affidavit for publication of summons. It will be noted that this affidavit does not anywhere allege that either of the defendants has any property within the State of Oregon. The paragraph quoted in the above statement is the only reference to property that is to be found in the entire document. It is not even alleged that the sheriff has attached property belonging to the defendants, but simply that the officer did attach “certain real property situated in Coos County, Oregon.”…
2Cases cited1 opinion
- Colburn v. BarrettOregon Supreme Court · 1891