Moser v. Jenkins
Oregon Supreme Court
Appeal from Marion County. This is an action by Moser to recover certain personal property owned by him, alleged to have been wrongfully taken and detained by Jenkins. It was originally brought in a Justice’s Court, and after judgment was duly appealed to the Circuit Court. In the Circuit Court, Moser had a verdict in his favor, and recovered judgment thereon, from which Jenkins appeals. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court,
McArthur, J.:
Section 206 of the New York Code, and § 509 of the California Code, are almost identical with § 130 of the Code of Oregon. They differ only as to the time within which an immediate delivery of the property, the subject of the action, can be claimed by the plaintiff. Such being the fact, § 130 must be viewed in the light of the New York and California cases. In the absence of any precedents of this Court, we cannot but regard all the rvell-considered cases in New York and California as authorities binding upon us. The view taken by the New York courts is, that the…
2Cases cited3 opinions
- Scofield v. . WhiteleggeNew York Court of Appeals · 1872
- Caulfield v. SandersCalifornia Supreme Court · 1861
- Scovill v. BarneyOregon Supreme Court · 1872
3Cited by17 opinions
- Guille v. Wong FookOregon Supreme Court · 1886
- Largilliere Co., Bankers v. KunzIdaho Supreme Court · 1925
- Kimball v. RedfieldOregon Supreme Court · 1898
- Minter v. MinterOregon Supreme Court · 1916
- McIntosh Livestock Co. v. BuffingtonOregon Supreme Court · 1923
12 more not listed; retrieve them via the Exa API.