Solomon v. Glickman

Oregon Supreme Court

Solomon v. Glickman

12 P.2d 1018, 140 Or. 364, 1932 Ore. LEXIS 33

DecidedJune 28, 1932

StatusPublished

This text of 12 P.2d 1018 (Solomon v. Glickman) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Solomon v. Glickman, 12 P.2d 1018, 140 Or. 364, 1932 Ore. LEXIS 33 (Or. 1932).

Pincite

Opinion

BELT, J.

This action is based on a promissory note. The defendant answered alleging among other things a counterclaim for rentals. The court sustained a plea of res ad judicata to such counterclaim and judgment was had in favor of plaintiff on the note. The correctness of the ruling of the court depends upon whether the judgment offered in evidence to support the plea of res adjudicata is void or voidable. Having this day held in Glickman v. Solomon that the judgment therein was merely voidable and, therefore, not subject to collateral attack, it follows that the judgment in the instant case is affirmed.

Bean, C. J., Brown and Campbell, JJ., concur.

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BELT, J.

This action is based on a promissory note. The defendant answered alleging among other things a counterclaim for rentals. The court sustained a plea of res ad judicata to such counterclaim and judgment was had in favor of plaintiff on the note. The correctness of the ruling of the court depends upon whether the judgment offered in evidence to support the plea of res adjudicata is void or voidable. Having this day held in Glickman v. Solomon that the judgment therein was merely voidable and, therefore, not subject to collateral attack, it follows that the judgment in the instant case is affirmed.

Bean, C. J., Brown and Campbell, JJ., concur.

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Bluebook (online)

12 P.2d 1018, 140 Or. 364, 1932 Ore. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solomon-v-glickman-or-1932.