Pope v. Ames
Oregon Supreme Court
Marion county: R. P. Boise, Judge. Plaintiff appeals. The object of this suit is to determine the right to certain money in the hands of the plaintiff, and which is claimed by the defendants Ames and Detrick, as attaching creditors of A. Grant, and by David McCully, receiver of A. Grant’s estate.
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Marion county: R. P. Boise, Judge. Plaintiff appeals. The object of this suit is to determine the right to certain money in the hands of the plaintiff, and which is claimed by the defendants Ames and Detrick, as attaching creditors of A. Grant, and by David McCully, receiver of A. Grant’s estate. The complaint shows that about the 18th of December, 1888, A. Grant consigned to the plaintiff seventy-four bales of hops to be sold on commission; that prior to the 29th day of June, 1889, in an action instituted in the circuit court of Marion county, Oregon, wherein Lewis Pettyjohn was plaintiff…
1Opinion of the CourtStrahan, C. J.
— Enough appears <en the pleadings and papers accompanying them to show that the plaintiff is entitled to maintain this suit. The plaintiff is threatened with separate liabilities on claims which are substantially one and the same, which entitled such party to maintain the suit. By means of such suit a plaintiff may compel trvo or more persons who severally claim the same thing, debt or duty from the party liable therefor, to litigate the title thereto between themselves, the party liable having incurred no independent liability to any of the claimants, and being merely in the position of a…
2Cited by6 opinions
- Niedermeyer, Inc. v. FehlOregon Supreme Court · 1936
- Mitchell v. Burt, Vetterlein & Bushnell, P. C.Court of Appeals of Oregon · 1999
- Statesman Pub. Co. v. FoltinOregon Supreme Court · 1917
- Massachusetts Mut. Life Ins. v. MurdochDistrict Court, D. Oregon · 1944
- New Zealand Ins. v. SmithOregon Supreme Court · 1902
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