Robinson v. Carlon
Oregon Supreme Court
From Douglas : J. O. Fullerton, Judge. This is an action by L. T. Robinson for tbe possession of a horse, commenced in a justice’s court, the complaint containing the allegations usual and essential in such a case. The defendants answered separately by specific denials.
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From Douglas : J. O. Fullerton, Judge. This is an action by L. T. Robinson for tbe possession of a horse, commenced in a justice’s court, the complaint containing the allegations usual and essential in such a case. The defendants answered separately by specific denials. As a further defense, William Carlon alleges that the horse was not, at the commencement of the action, in his possession, nor under his control, and J. W. Carlon set up that he had the lawful possession of the property, and was entitled thereto as owner. Trial was had, which resulted in a judgment for plaintiff. After…
1Opinion of the CourtChief Justice Wolverton
Error is assigned touching the action of the circuit court in permitting the supplemental complaint to be filed therein, and of this we will now inquire. The matter pleaded, if true, is an effective accord and satisfaction had and entered into between the parties to the action subsequent to the judgment in the justice’s court, and prior to the taking of the appeal therefrom. It was sufficient to support the motion for the dismissal of the appeal, and yet it was a substantial plea in bar of the defense theretofore interposed by defendants against plaintiff’s cause of action, except as it…
2Cases cited1 opinion
- Meyer v. EdwardsOregon Supreme Court · 1897