Gardner v. Gillihan
Oregon Supreme Court
Multnomah county: E. D. Shattuck, Judge. Defendant appeals. This is an action brought by the plaintiff as administrator of the partnership estate of J. N. Gardner, Presley Gillihan, and M. E. Gillihan, deceased, against the defendant as administrator of the individual estate of M. E. Gillihan, deceased, to recover possession of certain personal property alleged to belong to said partnership estate. The complaint is in the usual form.
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Multnomah county: E. D. Shattuck, Judge. Defendant appeals. This is an action brought by the plaintiff as administrator of the partnership estate of J. N. Gardner, Presley Gillihan, and M. E. Gillihan, deceased, against the defendant as administrator of the individual estate of M. E. Gillihan, deceased, to recover possession of certain personal property alleged to belong to said partnership estate. The complaint is in the usual form. The defendant first filed an answer alleging his appointment as administrator of the individual estate of M. E. Gillihan, deceased, and that the property…
1Opinion of the CourtBean, J.
The first question presented by this record is the right of an administrator of a partnership estate to maintain an action against the administrator of the estate of an individual member of such partnership to recover possession of personal property alleged to belong to said partnership and in the possession of the latter as such administrator. The contention of defendant is, that the county court has exclusive jurisdiction in such cases. The question in issue in the case at bar is the title to the property in controversy, and unless the county court is by law given exclusive power in the…
2Cases cited7 opinions
- Ex parte CaseyCalifornia Supreme Court · 1886
- Guille v. Wong FookOregon Supreme Court · 1886
- Gibson v. CookCourt of Appeals of Maryland · 1884
- Louisville & Nashville Railroad v. McGuire & Co.Supreme Court of Alabama · 1885
- Heirs of Edwards v. MountsTexas Supreme Court · 1884
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3Cited by20 opinions
- Hillman v. YoungOregon Supreme Court · 1912
- Harrington v. JonesOregon Supreme Court · 1909
- Estate of Huffman v. HuffmanMissouri Court of Appeals · 1908
- Clinton v. ClintonSupreme Court of Missouri · 1909
- Humbarger v. HumbargerSupreme Court of Kansas · 1905
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