Culver v. Randle
Oregon Supreme Court
From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Chief Justice Moore. This action was instituted in the county court of Josephine County by Alice H. Culver against John Randle •to recover possession of certain household goods, furniture, crockery and glassware, table linen, etc., or the sum of $325, the alleged value thereof, in case possession could not be secured, the complaint being in the usual form.
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From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Chief Justice Moore. This action was instituted in the county court of Josephine County by Alice H. Culver against John Randle •to recover possession of certain household goods, furniture, crockery and glassware, table linen, etc., or the sum of $325, the alleged value thereof, in case possession could not be secured, the complaint being in the usual form. The answer denied the material allegations of the complaint, and averred that on December 1, 1902, one C. F. Lamson was the owner and in possession of such property, and, being…
1Opinion of the CourtChief Justice Moore
1. It is contended by plaintiff’s counsel that the property in question having been taken from their client January 3, 1903, by Lister, his seizure thereof deprived defendant of all right thereto, including his interest in the appeal, in refusing to dismiss which the trial court erred. It is argued that Bobzien was the principal, and the defendant and Lister were his respective agents; that the selection of the latter to enforce, the writ of execution discharged the former, deprived him of all right to recover the possession of the property or the value thereof; and that, in failing to…
2Cases cited10 opinions
- Fritz v. Salt Lake & Ogden Gas & Electric Light Co.Utah Supreme Court · 1899
- Mayes v. StephensOregon Supreme Court · 1901
- Reinstein v. RobertsOregon Supreme Court · 1898
- Merriam v. Victory Mining Co.Oregon Supreme Court · 1900
- Plano Manufacturing Co. v. RaseyWisconsin Supreme Court · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Briedwell v. HendersonOregon Supreme Court · 1921
- Burns v. KennedyOregon Supreme Court · 1907
- Jenkins v. JenkinsOregon Supreme Court · 1913
- Kellogg v. SmithOregon Supreme Court · 1914
- Goodwin v. TuttleOregon Supreme Court · 1914
10 more not listed; retrieve them via the Exa API.