Lemery v. Leonard
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Department 2. The complaint avers a cause of action in the usual form of replevin, based upon the taking of nineteen head of sheep by the defendants on August 5, 1919. The answer admits that the plaintiff is the owner of the sheep and that they were of the value as stated in the complaint, but otherwise, except as thus admitted and as alleged in the defendants’ further and separate answer, the entire complaint is denied.
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From Marion: Percy R. Kelly, Judge. Department 2. The complaint avers a cause of action in the usual form of replevin, based upon the taking of nineteen head of sheep by the defendants on August 5, 1919. The answer admits that the plaintiff is the owner of the sheep and that they were of the value as stated in the complaint, but otherwise, except as thus admitted and as alleged in the defendants’ further and separate answer, the entire complaint is denied. After stating that the defendants were lawfully in possession of certain lands located in sections 6 and 7, township 5 south of range 2…
1Opinion of the CourtBurnett, C. J.
1. This action is governed by the provisions of Chapter 386, page 688, Laws of 1919. In Section 1 of the act it is provided that after the law goes into effect it shall be unlawful for the owner to permit any sheep “to run at large or to go on the lands of another without permission of such owner in Marion County, Oregon,” except in a designated portion thereof. The land described in the complaint is within the prohibited portion of the county. In Section 2 it is said, substantially, that “any animal enumerated in Section 1 of this act, found running at large in the portion of Marion County…
2Cases cited18 opinions
- City of Paris v. HaleCourt of Appeals of Texas · 1896
- Hinman v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1870
- Keeney v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1890
- Fraser v. HawkinsSupreme Court of Arkansas · 1919
- Evans v. HolmanSupreme Court of Missouri · 1907
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3Cited by10 opinions
- Watzig v. TobinOregon Supreme Court · 1982
- Dunlap v. DicksonOregon Supreme Court · 1988
- State v. CookeOregon Supreme Court · 1929
- City of Bismarck v. SholyNorth Dakota Supreme Court · 1988
- Parker v. ReterOregon Supreme Court · 1963
5 more not listed; retrieve them via the Exa API.