Schiffman v. Hickey
Oregon Supreme Court
From Tillamook: Geo. R. Bagley, Judge. In Banc. This is an appeal from a judgment for damages in an action for trespass. The plaintiff sued defendants for the sum of $200. The verdict of the jury awarded him damages in the sum of $1 against each of the defendants.
Read the full summary
From Tillamook: Geo. R. Bagley, Judge. In Banc. This is an appeal from a judgment for damages in an action for trespass. The plaintiff sued defendants for the sum of $200. The verdict of the jury awarded him damages in the sum of $1 against each of the defendants. Based upon this verdict the court awarded judgment in favor of the plaintiff and against each of the defendants in the sum of $1, and, because the verdict was for a sum less than $50, it was adjudged that the defendants recover their- costs from the plaintiff, in the amount of $62.30. The trespass is alleged to have been committed…
1Opinion of the CourtBrown, J.
The plaintiff alleges error because the court gave the defendants judgment for costs on his verdict in the sum of $1. The statute upon which defendants base their claim for costs reads:
“Costs are allowed # * in an action for the recovery of the possession of real property, or where a claim of title or interest in real property, or right to the possession thereof, arises upon the pleadings, or is certified by the court to have come in question upon the trial.” Or. L., § 562, subd. 1.
The question for consideration is: Did a claim of title or interest in real property or right to the possession…
2Cases cited2 opinions
- Rathbone v. . McConnellNew York Court of Appeals · 1860
- Bentley v. JonesOregon Supreme Court · 1879
3Cited by4 opinions
- Blue River Sawmills, Ltd. v. GatesOregon Supreme Court · 1960
- Verizon Northwest, Inc. v. Main Street Development, Inc.District Court, D. Oregon · 2010
- State v. EndicottCourt of Appeals of Oregon · 2019
- Blue River Sawmills, Ltd. v. GatesOregon Supreme Court · 1960