Ebner

Ebner v. Heid

Good Law
125 F. 680·2 Alaska Fed. 182·60 C.C.A. 370·1903 U.S. App. LEXIS 4202
United States Court of Appeals for the Ninth CircuitSeptember 14, 1903No. 888California1,167 words

Opinion

Lead Opinion

Morrow, J.

(after stating the facts as above).

The act of Congress entitled “An act providing a civil government for Alaska,” approved May 17, 1884 ( 23 Stat. 24 , 25, c. 53), provides in section 7 “that the general laws of the state of Oregon now in force are hereby declared to be the law in said district, so far as the same may be applicable and not in conflict with the provisions of this act or the laws of the United States.” The civil laws of Oregon were in force in Alaska under this act until the passage of the act of Congress approved June 6, 1900, entitled “An *186 act making further provision for a civil government for Alaska, and for other purposes.” 31 Stat. 321 , c. 786. The Code of Civil Procedure of the State of Oregon provides, in title 15 of chapter 1 (Hill’s Ann.Laws 1892, §§ 144 — 172), for attachment proceedings under which the plaintiff in an action upon a contract may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment. Section 157 of the Code (Hill’s Ann.Laws 1892, § 159) provides that whenever the defendant has appeared in the action he may apply,…

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