Rosenblat v. Perkins
Oregon Supreme Court
Appeal from a judgment of the circuit court for the county of Multnomah, rendered upon an appeal to that court from a judgment of a justice of the peace, in proceedings of forcible entry and detainer. The appellant instituted the proceeding in the justice’s court to remove the respondent from certain premises, consisting of real property situated in the city of Portland, county of Multnomah; claiming that the latter unlawfully withheld the same from him.
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Appeal from a judgment of the circuit court for the county of Multnomah, rendered upon an appeal to that court from a judgment of a justice of the peace, in proceedings of forcible entry and detainer. The appellant instituted the proceeding in the justice’s court to remove the respondent from certain premises, consisting of real property situated in the city of Portland, county of Multnomah; claiming that the latter unlawfully withheld the same from him. The justice of the peace gave the appellant judgment for the restitution of the premises; from which the respondent appealed to the said…
1Opinion of the CourtThayer, C. J.
The appellant’s counsel has presented on the appeal two questions for the consideration of this court:
I. Did the respondent lease said property from the appellant’s testator under a verbal lease' from month to month, at a monthly rental of $37.50, as alleged in appellant’s complaint ?
2. Was there sufficient evidence to prove the making of the lease set out in respondent’s amended answer ? If there was, is not said alleged lease or agreement within the statute of frauds, and therefore void ?
This court has nothing to do with the questions of fact involved in the counsel’s inquiry. The circuit…
2Cases cited2 opinions
- Garrett v. ClarkOregon Supreme Court · 1875
- Williams v. AckermanOregon Supreme Court · 1880
3Cited by13 opinions
- Watkins v. BalchWashington Supreme Court · 1906
- Dechenbach v. RimaOregon Supreme Court · 1904
- Jenning v. MillerOregon Supreme Court · 1906
- Merchants State Bank v. RuettellNorth Dakota Supreme Court · 1903
- Quayle v. StoneIdaho Supreme Court · 1926
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