Collis v. Cone
Oregon Supreme Court
From Tillamook: George H. Burnett, Judge. Statement by Mr. Justice Eakin. An action was commenced in the circuit court by E. H. Collis, A. Bonham and Kate Bonham, against W. S. Cone and Mary J. Cone for the recovery of possession of a tract of land in Tillamook County, Oregon; plaintiffs alleging that they are the owners and entitled to the possession thereof, and that the defendants are in possession and wrongfully withholding the property from plaintiffs.
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From Tillamook: George H. Burnett, Judge. Statement by Mr. Justice Eakin. An action was commenced in the circuit court by E. H. Collis, A. Bonham and Kate Bonham, against W. S. Cone and Mary J. Cone for the recovery of possession of a tract of land in Tillamook County, Oregon; plaintiffs alleging that they are the owners and entitled to the possession thereof, and that the defendants are in possession and wrongfully withholding the property from plaintiffs. Defendants admit that they are in possession of the property, but deny every other allegation of the complaint, and allege title thereto…
1Opinion of the CourtJustice Eakin
The only contention urged by the plaintiffs is that, by reason of the irregularity of the proceedings, the judgment should be reversed and remanded for a new trial, because the court did not make findings of fact. Without appearing to approve or indorse the irregularity of the proceedings had, we find that the judgment should be affirmed. It appears that the divergence from the regular form of procedure at the trial was agreed to by the attorneys in the presence of their clients, and it was done for the benefit of the parties, and to avoid the necessity of making formal findings of fact. We…
2Cases cited6 opinions
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
- Sentenis v. . LadewNew York Court of Appeals · 1893
- Miller v. . CampbellNew York Court of Appeals · 1893
- Bank of Ravenswood v. HamiltonWest Virginia Supreme Court · 1897
- South Branch Ry. Co. v. Long's Adm'rWest Virginia Supreme Court · 1897
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