Irwin v. McElroy
Oregon Supreme Court
From Jefferson: T. E. J. Duffy, Judge. In Bane. This is an action at law brought by the plaintiff against the defendant to recover damages: First, for the alleged conversion of the “use, rents and profits” of a certain ranch, or farm, alleged to belong to the plaintiff, from September 1, 1914, to September 1, 1916. Second, to recover damages for the alleged conversion of a mowing machine.
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From Jefferson: T. E. J. Duffy, Judge. In Bane. This is an action at law brought by the plaintiff against the defendant to recover damages: First, for the alleged conversion of the “use, rents and profits” of a certain ranch, or farm, alleged to belong to the plaintiff, from September 1, 1914, to September 1, 1916. Second, to recover damages for the alleged conversion of a mowing machine. Third, damages for the unlawful cutting and removing of trees, timber and wood from the land, and, fourth, damages for permitting noxious weeds to grow upon said premises. By stipulation, the case was tried…
1Opinion of the CourtBennett, J.
The really important questions involved arise upon the demurrer and motion for non-suit. It is contended on behalf of appellant that the first cause of action alleged, is for “use and occupation” of the premises in question, and that this is an action on a contract in the nature of an action of assumpsit; that the second and fourth causes of action were in the nature of an action for a tort and injury to property, and, therefore, could not be joined with the first cause of action under our Code.
Section 94, L. O. L., provides:
“The plaintiff may unite several causes of action in the same…
2Cases cited7 opinions
- United States v. BernardCourt of Appeals for the Ninth Circuit · 1913
- Trustees of Union College v. City of New YorkNew York Court of Appeals · 1903
- Burt v. PanjaudSupreme Court of the United States · 1879
- Jacob Tome Institute v. CrothersCourt of Appeals of Maryland · 1898
- Holmes v. . DavisNew York Court of Appeals · 1859
2 more not listed; retrieve them via the Exa API.
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