Tieman v. Sachs
Oregon Supreme Court
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
- Paulson v. City of PortlandOregon Supreme Court · 1888
- Union St Ry. Co. v. First Nat. BankOregon Supreme Court · 1903
- Russell v. GrimesSupreme Court of Missouri · 1870
- Simpson v. MillerOregon Supreme Court · 1908
3Cited by12 opinions
- Porter Construction Co. v. BerryOregon Supreme Court · 1931
- Mascall v. MurrayOregon Supreme Court · 1915
- Lowell v. Pendleton Auto Co.Oregon Supreme Court · 1927
- Williamson v. HurlburtOregon Supreme Court · 1921
- Wolf v. EppensteinOregon Supreme Court · 1914
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