Freeman v. Trummer
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. Submitted on briefs under Eule 16 of Supreme Court. Statement by Mír. Justice Moore. This action was commenced in the Justice’s Court for Portland District to recover the possession of certain personal property, or the value thereof in case delivery cannot be had, and damages for the alleged unlawful detention; the complaint being in the usual form.
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From Multnomah: Arthur L. Frazer, Judge. Submitted on briefs under Eule 16 of Supreme Court. Statement by Mír. Justice Moore. This action was commenced in the Justice’s Court for Portland District to recover the possession of certain personal property, or the value thereof in case delivery cannot be had, and damages for the alleged unlawful detention; the complaint being in the usual form. The answer denied, generally, each allegation of the complaint, and for a further defense contains the following averments: “1. That the defendant was the owner on the 1st day of May, 1905, and entitled to…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. The only deduction announced by the court that is consistent with the averments of the complaint is the conclusion of law that the plaintiff is not entitled to the immediate possession of the demanded property, and, because no findings of fact were made conformable to the allegations of the plaintiff’s primary pleading, his counsel insists that an error was thereby committed. Findings of fact made by a court, when an action is tried without the intervention of a jury, are equivalent to special verdicts, and must be based upon, and as broad as the material issues…
2Cases cited9 opinions
- Moody v. RichardsOregon Supreme Court · 1896
- Guille v. Wong FookOregon Supreme Court · 1886
- Kimball v. RedfieldOregon Supreme Court · 1898
- Nunn v. BirdOregon Supreme Court · 1900
- Lewis v. First National BankOregon Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Maeder Steel Products Co. v. ZanelloOregon Supreme Court · 1923
- Columbia Realty Investment Co. v. Alameda Land Co.Oregon Supreme Court · 1917
- Zimmerman v. Sunset Lumber Co.Oregon Supreme Court · 1910
- Franklin v. NorthrupOregon Supreme Court · 1923
- Wells v. Great Northern Ry. Co.Oregon Supreme Court · 1911
19 more not listed; retrieve them via the Exa API.