Gile & Co. v. Lasselle
Oregon Supreme Court
From Linn: Percy E. Kelly, Judge. Department 1. This is an action of replevin in which the plaintiffs seek to recover “about 794 bags of Oregon prunes,” containing “about 70,000 pounds” of the value of $4,500. They allege that the property was in possession of one Pereival I. Rust, on storage by them, subject to their order and shipping directions, and that the defendant wrongfully took the prunes from the possession of Rust, caused them to be loaded into a railway ear and…
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From Linn: Percy E. Kelly, Judge. Department 1. This is an action of replevin in which the plaintiffs seek to recover “about 794 bags of Oregon prunes,” containing “about 70,000 pounds” of the value of $4,500. They allege that the property was in possession of one Pereival I. Rust, on storage by them, subject to their order and shipping directions, and that the defendant wrongfully took the prunes from the possession of Rust, caused them to be loaded into a railway ear and shipped to Albany where the defend-' ant detains them unlawfully to the plaintiffs’ damage in the sum of $350. They…
1Opinion of the Court
BUBNETT, J. —
Both parties attempt to deraign title to the property from Bust. This is an action at law and not a suit in equity and the matter must be adjudicated by legal rules as distinguished from equitable maxims. The crux of the situation is found in the construction to be given to the admitted contract. It is said in Section 136, L. O. L.:
“All questions of law, including the admissibility of testimony, the facts- preliminary to such admission, and the construction of statutes and other writings, and other rules of evidence, are to be decided by the court. * * ”
It is also said in Section…
2Cases cited13 opinions
- Backhaus v. BuellsOregon Supreme Court · 1903
- Taylor v. BrownOregon Supreme Court · 1907
- Casto v. MurrayOregon Supreme Court · 1905
- Longfellow v. HuffmanOregon Supreme Court · 1907
- Lewis v. CraftOregon Supreme Court · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wright v. BaumannOregon Supreme Court · 1965
- Phelps v. Union Central Life InsuranceMontana Supreme Court · 1937
- In Re Lincoln Industries, Inc.District Court, W.D. Virginia · 1958
- Syverson v. SerryOregon Supreme Court · 1921
- Van Groos v. District School Board for School District No. 91Oregon Supreme Court · 1932