Thompson v. Colvin
Oregon Supreme Court
From Josephine: Hiero K. Hanna, Judge. This is an action of replevin commenced in a justice’s court by E. D. Thompson against Robert Colvin. There was a judgment for plaintiff, and defendant appealed to the circuit court, where plaintiff again had judgment, and defendant appeals.
1Opinion of the CourtJustice Eakin
This is an action of replevin to recover certain brick. • The complaint is in the usual form, alleging special *489ownership in plaintiff, as pledgee of the brick, to secure the payment of a debt of Henry and Andrew Colvin. The answer admits the pledge, that the debt is unpaid, and that the possession was in plaintiff until July 30, 1905, and alleges, as an affirmative defense, that on that date, an oral contract was made between plaintiff and defendant, in which defendant agreed that he would not compel plaintiff to remove the brick from his premises, where they were situated, but would keep…
2Cases cited1 opinion
- Bump v. CooperOregon Supreme Court · 1891
3Cited by4 opinions
- Scheurmann v. MathisonOregon Supreme Court · 1913
- Clark v. CorserSupreme Court of Minnesota · 1923
- Jennings v. GallagherSupreme Court of Vermont · 1931
- Zimmerman v. Town of New MartinsvilleWest Virginia Supreme Court · 1936