Legal Opinion

Forsythe v. Pogue

Oregon Supreme Court

Decided April 30, 1894PublishedCited by 1 opinion

Appeal from Marion: Geo. H. Burnett, Judge. This is an action of forcible entry and detainer by Anna Forsythe against M. E. and Ada Pogue, brought before the recorder of the city of Salem, acting as ex officio justice of the peace, for the recovery of the possession of certain real property situated in said city.

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Appeal from Marion: Geo. H. Burnett, Judge. This is an action of forcible entry and detainer by Anna Forsythe against M. E. and Ada Pogue, brought before the recorder of the city of Salem, acting as ex officio justice of the peace, for the recovery of the possession of certain real property situated in said city. The record discloses that, upon issue being joined by the pleadings, a jury trial was had, which resulted in a verdict and judgment for the plaintiff, whereupon the defendants took the case on appeal to the circuit court, where, on motion for judgment on the pleadings, the court…

1Opinion of the Court

Opinion by

Mr. Chief Justice Lord.

The complaint alleges that on or about the twenty-ninth day of May, eighteen hundred and ninety-one, plaintiff rented to the defendants by a verbal lease from month to month, to be terminated at the will of either party, certain premises therein described; that by virtue of such renting the defendants went into possession and occupation of the said premises, and still continue to hold and occupy the same; that although possession of said premises was duly demanded, the defendants unlawfully and wrongfully neglect and refuse to deliver to the plaintiff the…

2Cases cited2 opinions

  1. Rosenblat v. PerkinsOregon Supreme Court · 1889
  2. Hislop v. MoldenhauerOregon Supreme Court · 1892

3Cited by1 opinion

  1. Wolfer v. HurstOregon Supreme Court · 1905

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