Legal Opinion

Kimball v. Redfield

Oregon Supreme Court

Decided August 13, 1898PublishedCited by 17 opinions

From Umatilla: Stephen A. Lowell, Judge. This is an action by the W. W. Kimball Company, a corporation, against C. E. Redfield, to recover the possession of a piano.

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From Umatilla: Stephen A. Lowell, Judge. This is an action by the W. W. Kimball Company, a corporation, against C. E. Redfield, to recover the possession of a piano. The complaint was filed December 29, 1896, and in it plaintiff alleges, inter alia, in substance : That July 11, 1896, and for a long time prior thereto, it was the owner and entitled to the possession of a certain Hallet & Davis piano, style 21, No. 41,496, then in Umatilla County ; that prior to the said July 11, 1896, and while the said piano was the property of plaintiff, the defendant took possession thereof, in said…

1Opinion of the CourtChief Justice Moore

It is contended by defendant’s counsel that the complaint does not state facts sufficient to constitute a cause of action, for which reason it would not support a judgment, and hence it cannot complain of the errors assigned. The particular point insisted upon is that the complaint failed to allege that, at the time the action was commenced, plaintiff was entitled to the immediate possession of the property sought to be recovered. The common-law action of replevin has been abolished in this state, and a new remedy substituted therefor, which is known as “ claim and delivery,” but no material…

2Cases cited24 opinions

  1. Fredericks v. TracyCalifornia Supreme Court · 1893
  2. Booth v. MoodyOregon Supreme Court · 1896
  3. Scofield v. . WhiteleggeNew York Court of Appeals · 1872
  4. Evarts v. StegerOregon Supreme Court · 1874
  5. Guille v. Wong FookOregon Supreme Court · 1886

19 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Freeman v. TrummerOregon Supreme Court · 1907
  2. Mayes v. StephensOregon Supreme Court · 1901
  3. Patterson v. PattersonOregon Supreme Court · 1902
  4. Lindstrom v. National Life Ins.Oregon Supreme Court · 1917
  5. McIntosh Livestock Co. v. BuffingtonOregon Supreme Court · 1923

12 more not listed; retrieve them via the Exa API.

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