# Sterrett v. Hurlburt

> Oregon Supreme Court · March 14, 1929 · 129 Or. 520

URL: https://www.frixlaw.com/law-library/cases/3838527

## Case

- **Full name:** GERTRUDE B. STERRETT v. T. M. HURLBURT, Sheriff, Et Al.
- **Court:** Oregon Supreme Court
- **Decided:** March 14, 1929
- **Citations:** 129 Or. 520; 278 P. 986; 275 P. 689; 1929 Ore. LEXIS 91
- **Precedential status:** Published
- **Opinion:** Addendum by Belt
- **Judges:** Bean, Belt, McBride, Coshow, Brown
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3838527

## Opinion text

On Petition for Rehearing.
( 278 Pac. 986 .)
BELT, J.
In the main we are satisfied with the conclusion reached in this case, but think it was error to affirm the decree of the lower court without modification, since it was there decreed “that defendants and each of them be permanently enjoined from at any time in the future attempting to cause execution to issue on said judgment.”
Counsel well contends that the defendants should not be deprived of the statutory right to levy on the property in question whenever the homestead is abandoned or relinquished. The decree will be modified so as to enjoin defendants from having execution issue until such time as the homestead is abandoned or relinquished. Neither party will recover costs or disbursements. It is not deemed necessary to order a rehearing thus to modify the decree.
Rehearing Denied. Modified. Respondent's Petition for Rehearing Denied.
Coshow, C. J., and Bean, J., concur.
Brown, J., absent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3838527. Public record. Not legal advice.