Fox v. Tift
Oregon Supreme Court
From Baker: William Smith, Judge. Statement by Mr. Chief Justice Moore. This is an action of claim and delivery, commenced in the circuit court of Baker County, by W. C. Fox against Louis Tift.
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From Baker: William Smith, Judge. Statement by Mr. Chief Justice Moore. This is an action of claim and delivery, commenced in the circuit court of Baker County, by W. C. Fox against Louis Tift. The complaint, which is in the usual form, describes the property in controversy as follows: “One hundred head of yearling sheep, consisting of ewes and wethers, of which the said ewes have a crop off the left ear, and the said wethers are what is called slick ears, meaning thereby full natural ears, and all of said sheep being what is known as fine wool sheep.” After the action was commenced, the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
It is contended that, since the complaint described in a particular manner the personal property undertaken to be recovered, the defendant had the right to rely upon the specification thus given, and, such being the case, errors were committed in permitting the plaintiff, over objection and exception, to testify in answer to inquiries as follows:
“Q. What paint was on these sheep before shearing, at the time you separated them?
“A. They were branded with a red eleven, or two bars.
“Q. What kind of paint was used in making that with?
“A. I used a bought and…
2Cases cited6 opinions
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Guille v. Wong FookOregon Supreme Court · 1886
- Alliance Trust Co. v. O'BrienOregon Supreme Court · 1897
- White v. WhiteOregon Supreme Court · 1899
- Foredice v. RinehartOregon Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Steinmetz v. GrennonOregon Supreme Court · 1923
- Beard v. BeardOregon Supreme Court · 1913
- Rennewanz v. DeanOregon Supreme Court · 1924
- Herrlin v. Brown & McCabeOregon Supreme Court · 1914
- Ylvich v. KalafateOregon Supreme Court · 1939
1 more not listed; retrieve them via the Exa API.