Legal Opinion

Lewis v. Birdsey

Oregon Supreme Court

Decided May 1, 1890PublishedCited by 9 opinions

Appeal from Jackson county: L. R, Webster, judge. The appellant commenced an action in the said circuit court against the respondent Birdsey to recoyer the possession of certain personal property, consisting of eight head of thoroughbred cattle, claimed to be of the value of $2,700. He alleged in his complaint that on the twenty - seventh day of September, 1889, and prior thereto, in the said county of Jaekson, he was the owner and in the lawful possession of and entitled to…

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Appeal from Jackson county: L. R, Webster, judge. The appellant commenced an action in the said circuit court against the respondent Birdsey to recoyer the possession of certain personal property, consisting of eight head of thoroughbred cattle, claimed to be of the value of $2,700. He alleged in his complaint that on the twenty - seventh day of September, 1889, and prior thereto, in the said county of Jaekson, he was the owner and in the lawful possession of and entitled to the lawful possession of said cattle; that on the said twenty-third day of September, in said county, the said…

1Opinion of the CourtThayer, C. J.

The issues in this case involve the right of the appellant to the possession of the cattle mentioned in the complaint as against the respondents The latter claimed the right to the possession of the cattle under the attachment proceedings, referred to in the answer to the complaint. The grounds of error relied upon by the appellant consist entirely of exceptions taken to instructions given by the court to the jury, and to the refusal of the court to give certain instructions as requested by the appellant’s counsel.

It appears from the bill of exceptions contained m the record, that the…

2Cases cited3 opinions

  1. Sprague v. ClarkSupreme Court of Vermont · 1868
  2. Johnson v. . CarnleyNew York Court of Appeals · 1854
  3. Spaulding v. KennedyOregon Supreme Court · 1876

3Cited by9 opinions

  1. New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
  2. Taylor v. BrownOregon Supreme Court · 1907
  3. Coos Bay Railroad v. SiglinOregon Supreme Court · 1894
  4. Gile & Co. v. LasselleOregon Supreme Court · 1918
  5. Cheeseman v. FentonWyoming Supreme Court · 1905

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