Leve v. Frazier
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. This is an appeal from an order quashing a writ of execution issued on a judgment rendered in favor of the plaintiffs J. Leve and J. Adler, partners doing business as Leve & Adler, and against the defendant Frazier, sheriff, in an action to recover possession of a certain miscellaneous lot of junk, divided by the complaint into thirty-six separate lots, and described as “ 65 tons of cast iron, of the value of $1,235; 4,500 lbs. of…
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From Multnomah: Arthur L. Frazer, Judge. This is an appeal from an order quashing a writ of execution issued on a judgment rendered in favor of the plaintiffs J. Leve and J. Adler, partners doing business as Leve & Adler, and against the defendant Frazier, sheriff, in an action to recover possession of a certain miscellaneous lot of junk, divided by the complaint into thirty-six separate lots, and described as “ 65 tons of cast iron, of the value of $1,235; 4,500 lbs. of brass and copper, of the value of $526.50; 6 tons R. iron, of the value of $87; 800 lbs. old lead, of the value of $30; 200…
1Opinion of the CourtJustice Bean
The points principally relied on to sustain the judgment of the court below are: first, that as neither the verdict nor the judgment pretended to value the specific articles received by the plaintiffs under the first writ, or those not received, it was not competent for the court or the plaintiffs arbitrarily to fix such valuations, or to determine what amount should be credited on the judgment, or the amount due thereon, and the plaintiffs, having split up their demand by receiving and accepting' parts of these heterogeneous lots, have made it impossible for the court to determine the value…
2Cases cited1 opinion
- Marks v. WillisOregon Supreme Court · 1899
3Cited by3 opinions
- McIntosh Livestock Co. v. BuffingtonOregon Supreme Court · 1923
- La Vie v. CrosbyOregon Supreme Court · 1903
- Jarvis v. DowneyMassachusetts District Court, Appellate Division · 2008