Kee v. Dunbar
Oregon Supreme Court
Multnomah county: E. D. Skattuck, Judge. Defendant appeals. A verdict, whether general or special, must decide the point in issue, and unless it does no judgment can be rendered thereon. (Patterson v. U. 8. 2 Wheat. 221; Garland v. Davis, 4 Flow. 131.) The verdict being silent upon the issues of ownership and the taking and detention of the property in dispute, is not sufficiently definite and certain to serve as a basis for a judgment.
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Multnomah county: E. D. Skattuck, Judge. Defendant appeals. A verdict, whether general or special, must decide the point in issue, and unless it does no judgment can be rendered thereon. (Patterson v. U. 8. 2 Wheat. 221; Garland v. Davis, 4 Flow. 131.) The verdict being silent upon the issues of ownership and the taking and detention of the property in dispute, is not sufficiently definite and certain to serve as a basis for a judgment. (Jones v. Snider, 8 Or. 127; Phipps v. Taylor, 15 Or. 487; Smith v. Smith, 17 Or. 444; Smith v. Phelps, 7 Wis. 211; Wallace v. Hilliard, 7 Wis. 627; Warner v.…
1Opinion of the CourtLord, J.
— This was an action in replevin brought by the plaintiff to recover certain specific personal property described in his complaint, and of which he alleges his possession and ownership, its value and the wrongful taking and detention, and his damages by reason thereof. The defendant, by his answer, put in issue all the material matter alleged in the complaint. On the trial, the jury found as follows: “We, the jury in the above-entitled action, find that the plaintiff is entitled to the possession of the property described in the complaint, and assess the value thereof at §3,000, and that…
2Cases cited6 opinions
- Payne v. JuneIndiana Supreme Court · 1883
- Phipps v. TaylorOregon Supreme Court · 1887
- Child v. ChildWisconsin Supreme Court · 1860
- Corbell v. ChildersOregon Supreme Court · 1889
- Rowan v. TeagueIndiana Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McCargar v. WileyOregon Supreme Court · 1924
- Nunn v. BirdOregon Supreme Court · 1900
- Ulrich v. McConaugheyNebraska Supreme Court · 1901
- Feller v. FellerOregon Supreme Court · 1901
- Muench v. Cincinnati Traction Co.Ohio Superior Court, Cincinnati · 1907