Meno v. Otto
Oregon Supreme Court
From Wallowa: John W..Knowles, Judge. In Banc. The complaint is in the usual form of claim and delivery, and charges that the plaintiff is the owner and entitled to the possession of a certain brown mare which the defendant wrongfully and unlawfully holds and retains in Wallowa County, Oregon, and prays for judgment for its possession or for its value, if delivery cannot be had, and damages. The answer is a general denial.
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From Wallowa: John W..Knowles, Judge. In Banc. The complaint is in the usual form of claim and delivery, and charges that the plaintiff is the owner and entitled to the possession of a certain brown mare which the defendant wrongfully and unlawfully holds and retains in Wallowa County, Oregon, and prays for judgment for its possession or for its value, if delivery cannot be had, and damages. The answer is a general denial. The evidence is conclusive that the plaintiff was the owner of the mare and that in the fall of 1919 he placed her in a pasture about four miles from Enterprise. Tbe…
1Opinion of the CourtJohns, J.
1. Section 16 of its charter authorized the City of Enterprise “to provide by ordinance for having domestic and other animals found running at large within the city limits restrained, impounded and forfeited, and may sell the same when forfeited, as provided by law for execution sales of personal property.” Under this provision, the city passed Ordinance No. 51, Section 1 of which is as follows:
“It shall be unlawful for the owner or owners of any horse, mare, gelding, foal, mule, jenny, sheep, goat, cow, steer, bull, heifer, hog or shoat, to allow the same to be or run at large at any time…
2Cases cited2 opinions
- Brownfield v. WeichtIndiana Supreme Court · 1857
- Davis v. MagnesOregon Supreme Court · 1911