Goltra v. Penland
Oregon Supreme Court
From Morrow: W. R. Ellis, Judge. This action was originally brought by Hugh Fields against the executrix of the estate of "William Penland, deceased, to recover $10,306, the value of certain sheep alleged to have been converted by Penland to his own use. After Penland’s death, Fields presented to the executrix for allowance a claim for the value of the sheep in question, in the following form: In the County Court of Morrow County, State of Oregon.
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From Morrow: W. R. Ellis, Judge. This action was originally brought by Hugh Fields against the executrix of the estate of "William Penland, deceased, to recover $10,306, the value of certain sheep alleged to have been converted by Penland to his own use. After Penland’s death, Fields presented to the executrix for allowance a claim for the value of the sheep in question, in the following form: In the County Court of Morrow County, State of Oregon. In the Matter of the Estate of William Penland, Deceased. The Estate of William Penland, Deceased, Dr., to Hugh Fields, 1901. To the value of 2,888…
1Opinion of the CourtJustice Bean
1. In support of the ruling of the trial court in directing a verdict it is argued that there is a fatal variance between plaintiff’s claim as presented to the executrix for allowance and his cause of action set out in the complaint. But we axe unable to concur in this position. The claim was for 2,888 ewe sheep and 821 yearling lambs converted by the deceased to his own use, of the alleged value of $3 a head for ewes and $2 for lambs, and the action was prosecuted for the same demand. The fact that the verification of the claim does not state the circumstances out of which the liability…
2Cases cited7 opinions
- Hart v. EyckNew York Court of Chancery · 1816
- Smith v. FarraOregon Supreme Court · 1891
- Wilkes v. CorneliusOregon Supreme Court · 1891
- Clark v. MillerNew York Supreme Court · 1830
- Kavanaugh v. TaylorIndiana Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Estate of H. Gibson SonOregon Supreme Court · 1928
- Elerath Steel & Iron Co. v. CornfootOregon Supreme Court · 1925
- De Golia v. AndersenOregon Supreme Court · 1921
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887