First Nat. Bank v. Yocom
Oregon Supreme Court
From Yamhill: Harry H. Belt, Judge. Department 1. Plaintiff brings this action for the possession of certain personal property described in a chattel mortgage. The cause was tried by the court without the intervention of a jury. Findings of fact and conclusions of law were made, and a judgment was rendered thereon in favor of plaintiff for the possession of the property or the value, $1,000. Defendants appeal.
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From Yamhill: Harry H. Belt, Judge. Department 1. Plaintiff brings this action for the possession of certain personal property described in a chattel mortgage. The cause was tried by the court without the intervention of a jury. Findings of fact and conclusions of law were made, and a judgment was rendered thereon in favor of plaintiff for the possession of the property or the value, $1,000. Defendants appeal. Plaintiff alleges special ownership in the personal property in question by virtue of a chattel mortgage executed by defendant EL A. Yocom in favor of plaintiff on February 4, 1918, to…
1Opinion of the CourtBean, J.
1, 2. It is assigned that the court erred in entering judgment for plaintiff, in that the complaint is insufficient and does not allege that the defendant “detains” the personal property described in the complaint. The language of the pleading is that the defendant “retains” possession of the personal property, which means the same thing. Error is also predicated upon the insufficiency of the description of the property in the judgment. The chattel mortgage and complaint definitely describe the property. The judgment, after reciting a list of the chattels, refers to the complaint. The…
2Cases cited13 opinions
- Christie v. ScottSupreme Court of Kansas · 1908
- McDaniel v. ChiaramonteOregon Supreme Court · 1912
- Herring-Marvin Co. v. SmithOregon Supreme Court · 1903
- International Harvester Co. v. BauerOregon Supreme Court · 1917
- McPherson v. Acme Lumber Co.Mississippi Supreme Court · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Continental Guaranty Corp. v. Peoples Bus LineSuperior Court of Delaware · 1922
- Jeffries v. PankowOregon Supreme Court · 1924
- Manley Auto Co. v. JacksonOregon Supreme Court · 1925
- North Star Dodge Sales, Inc. v. Luna, Texas Court of Appeals, 4th District (San Antonio)1983
- National Cash Register Co. v. NessSupreme Court of Minnesota · 1938
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