Noblitt v. Durbin
Oregon Supreme Court
From Marion: George H. Burnett, Judge. This action was commenced October 22, 1900, by Mrs. R. L. Noblitt and C. F. Ziegler to recover from F. W. Durbin possession of certain personal propertjr, consisting of horses, carriages, etc., used in a livery stable business.
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From Marion: George H. Burnett, Judge. This action was commenced October 22, 1900, by Mrs. R. L. Noblitt and C. F. Ziegler to recover from F. W. Durbin possession of certain personal propertjr, consisting of horses, carriages, etc., used in a livery stable business. The plaintiffs, Mrs. Noblitt and Ziegler, allege that on July 13, 1900, they were and now are partners doing a general livery business at Hubbard, in Marion County, and as such were and are the owners and entitled to the jpossession of the property in controversy; that on the day named the defendant wrongfully, unlawfully, and…
1Opinion of the CourtJustice Bean
1. There was no error in striking out the testimony of the witness Bair, to the effect that he hired a team of Noblitt, and that the latter agreed that its hire should be credited on his individual debt, and he would subsequently turn over to Bair as a further credit thereon a part of the property in controversy. Where the nature of one's possession is a subject-matter of inquirj', his declarations concerning the title or explaining the character of his possession are admissible in evidence as part of the res gestae (Bartel v. Lope, 6 Or. 321; 1 Greenl. Ev. [15 ed.], § 109; People v. Vernon,…
2Cases cited4 opinions
- People v. VernonCalifornia Supreme Court · 1868
- Bartel v. LopeOregon Supreme Court · 1877
- Martin v. HardestySupreme Court of Alabama · 1855
- Lehmann v. ChapelSupreme Court of Minnesota · 1897
3Cited by3 opinions
- Bosma v. HarderOregon Supreme Court · 1919
- Tracy v. JuantoOregon Supreme Court · 1922
- Wipperman Mercantile Co. v. RobbinsNorth Dakota Supreme Court · 1912