Kiernan v. Terry
Oregon Supreme Court
Appeal from Multnomah; Hartwell Hurley, Judge. This is an action by John Kiernan against Joseph Terry commenced in a justice’s court to recover one hundred and eighty dollars, as rent for the use and occupation of certain property described as “the premises known as the northeast corner of Ross Island, situated in the county of Multnomah, State of Oregon, ” which it is alleged plaintiff leased and let unto the defendant August first, eighteen hundred and ninety-two, “for a…
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Appeal from Multnomah; Hartwell Hurley, Judge. This is an action by John Kiernan against Joseph Terry commenced in a justice’s court to recover one hundred and eighty dollars, as rent for the use and occupation of certain property described as “the premises known as the northeast corner of Ross Island, situated in the county of Multnomah, State of Oregon, ” which it is alleged plaintiff leased and let unto the defendant August first, eighteen hundred and ninety-two, “for a floating-house or beer garden.” It is further alleged that fifteen dollars per month is a reasonable rental therefor, and…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
*4981. Two questions are presented by this record for our consideration. First, does the proof support the allegations of the complaint as to the situs or location of the premises for which plaintiff seeks to recover rent? and, second, is the position of the defendant such that he is enabled to dispute the title of plaintiff in the premises actually occupied by him? The proof shows that the floating-house or beer garden was anchored to piles driven in the bed of the Willamette River fifty-five feet from the Ross Island shore, and between the shore and the channel of…
2Cases cited8 opinions
- Whitney v. AllaireNew York Supreme Court · 1847
- Milliken v. ThorndikeMassachusetts Supreme Judicial Court · 1869
- Hilbourn v. FoggMassachusetts Supreme Judicial Court · 1868
- Cressler v. WilliamsIndiana Supreme Court · 1881
- Miller v. LangMassachusetts Supreme Judicial Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Treadgold v. WillardOregon Supreme Court · 1916
- Haggerty v. NoblesOregon Supreme Court · 1966
- Blomquist v. JenningsOregon Supreme Court · 1926
- Seivert Et Ux. v. PowellOregon Supreme Court · 1951
- Seivert Et Ux. v. PowellOregon Supreme Court · 1951