Perkins v. McCullough
Oregon Supreme Court
From Multuomah: Alfred F. Sears, Jr., Judge. This is an action by R. S. Perkins against B. F. McCullough and W. F. Matlock to recover the value of seven steers, one stag, and four cows, the property of plaintiff, alleged to have been unlawfully converted by the defendants to their own use.
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From Multuomah: Alfred F. Sears, Jr., Judge. This is an action by R. S. Perkins against B. F. McCullough and W. F. Matlock to recover the value of seven steers, one stag, and four cows, the property of plaintiff, alleged to have been unlawfully converted by the defendants to their own use. The defendants having in their second amended answer specifically denied each allegation of the complaint, a trial was had, resulting in a judgment against them for the sum of $321, from which they appeal.
1Opinion of the CourtJustice Moore
1. It is contended by defendants ’ counsel that the court erred in refusing to grant a judgment of nonsuit as to the defendant W. F. Matlock. This presents the question as to whether there was any evidence from which the jury could reasonably find that Matlock and the defendant B. F. McCullough acted in concert with reference to the conversion complained of. The statute provides that a judgment of nonsuit may be given when upon the trial the plaintiff fails to prove a cause sufficient to be submitted to the jury Hill’s Ann. Laws, § 246, subd. 3. In construing this section, we have held that,…
2Cases cited23 opinions
- Guille v. SwanNew York Supreme Court · 1822
- Dahms v. SearsOregon Supreme Court · 1885
- Forbes v. MarshSupreme Court of Connecticut · 1843
- Morgan v. VarickNew York Supreme Court · 1832
- Vanbebber v. PlunkettOregon Supreme Court · 1895
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3Cited by15 opinions
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- Wasiljeff v. Hawley Paper Co.Oregon Supreme Court · 1914
- Herrick v. BarzeeOregon Supreme Court · 1920
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