Legal Opinion

Tieman v. Sachs

Oregon Supreme Court

Decided November 24, 1908PublishedCited by 12 opinions

From Baker: William Smith, Judge. This is an action by Max Tieman and Max Ellias against M. H. Sachs, to recover plaintiffs’ share of a box of goods lost, the proceeds thereof having been collected by the defendant from the carrier by whom they were lost. From a judgment in favor of plaintiffs, defendant appeals. Statement by Mr. Commissioner Slater.

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From Baker: William Smith, Judge. This is an action by Max Tieman and Max Ellias against M. H. Sachs, to recover plaintiffs’ share of a box of goods lost, the proceeds thereof having been collected by the defendant from the carrier by whom they were lost. From a judgment in favor of plaintiffs, defendant appeals. Statement by Mr. Commissioner Slater. This is an action to recover $92.37, as plaintiffs’ proportionate share of the proceeds of a box of lost goods, collected by defendant from the carrier by whom they were lost. It is alleged, in substance: That the plaintiffs, the defendant, and a…

1Opinion of the Court

*564Opinion by

Mr. Commissioner Slater.

1. The first contention advanced by counsel for defendant in support of his demurrer is, that the complaint shows a several right of action, if any, in each of the plaintiffs, and not a joint one. Hence there was a misjoinder of parties plaintiff, and for that reason the demurrer should have been sustained. The first assignment in support of the demurrer is that there is a defect of parties plaintiff, but that, as a ground of demurrer, means too few, and not too many. A demurrer alleging this particular objection can be interposed, therefore, only in case of…

2Cases cited4 opinions

  1. Paulson v. City of PortlandOregon Supreme Court · 1888
  2. Union St Ry. Co. v. First Nat. BankOregon Supreme Court · 1903
  3. Russell v. GrimesSupreme Court of Missouri · 1870
  4. Simpson v. MillerOregon Supreme Court · 1908

3Cited by12 opinions

  1. Porter Construction Co. v. BerryOregon Supreme Court · 1931
  2. Mascall v. MurrayOregon Supreme Court · 1915
  3. Lowell v. Pendleton Auto Co.Oregon Supreme Court · 1927
  4. Williamson v. HurlburtOregon Supreme Court · 1921
  5. Wolf v. EppensteinOregon Supreme Court · 1914

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