Byers v. Ferguson
Oregon Supreme Court
From Polk: George H. Burnett, Judge. This action was commenced in a justice’s court, where plaintiff prevailed. On appeal the circuit court sustained a demurrer to the complaint and dismissed the action, whereupon plaintiff appealed. Further facts appear in the opinion. A motion to dismiss the appeal was overruled, appellant was allowed to amend and complete his record, and the appeal was decided on its merits. On Motion to Dismiss tub Appeal.
Read the full summary
From Polk: George H. Burnett, Judge. This action was commenced in a justice’s court, where plaintiff prevailed. On appeal the circuit court sustained a demurrer to the complaint and dismissed the action, whereupon plaintiff appealed. Further facts appear in the opinion. A motion to dismiss the appeal was overruled, appellant was allowed to amend and complete his record, and the appeal was decided on its merits. On Motion to Dismiss tub Appeal. Per Curiam. 1. This is a motion to dismiss the appeal on several grounds, none of which require particular notice, except the contention that the…
1Opinion of the CourtJustice Moore
2. An action at common law to recover the possession of personal property was treated as local, and could only be maintained in the county where the property was unlawfully taken -. Cobbey, Repl. § 564; Kirk v. Matlock, 12 Or. 319 ( 7 Pac. 322). The statute prescribing the place of trial in actions of this character is as follows: “Actions for the following causes shall be commenced and tried in the county in which the subject of the action, or some part thereof, is situated: * * (2) For *80the recovery of personal property distrained for any cause. ’ ’ Hill’s Ann. Laws, § 42. While the word…
2Cases cited9 opinions
- Olds v. CaryOregon Supreme Court · 1886
- Evarts v. StegerOregon Supreme Court · 1874
- Wells v. ApplegateOregon Supreme Court · 1885
- Ball v. DoudOregon Supreme Court · 1894
- Drake v. SwortsOregon Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Beard v. BeardOregon Supreme Court · 1913
- MacK Trucks, Inc. v. TaylorOregon Supreme Court · 1961
- Mutual Irrigation Co. v. Baker CityOregon Supreme Court · 1910
- Brosius v. HazelwoodOregon Supreme Court · 1929
- Whitney v. WhitneyOregon Supreme Court · 1925
12 more not listed; retrieve them via the Exa API.