Legal Opinion
Ashcraft v. Saunders
Oregon Supreme Court
Decided September 5, 1968PublishedCited by 16 opinions
1Opinion of the CourtLusk, J.
This is an action for damages for timber trespass. Plaintiffs recovered a judgment for treble damages pursuant to ORS 105.810 and defendant appeals.
Defendant concedes the trespass, but contends that plaintiffs are entitled to recover at most double damages, as provided in ORS 105.815. The trespass was committed by Samuel A. Agnew, through an agent. Agnew died before the action was commenced and the defendant is administrator of his estate. The question, which was raised on the trial, is whether ORS 105.810 is a penal provision; and, if so, whether it can be enforced against the estate of a…
2Cases cited10 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Gordon Creek Tree Farms, Inc. v. LayneOregon Supreme Court · 1962
- Haynes v. GlennSupreme Court of Virginia · 1956
- Kinzua Lumber Co. v. DaggettOregon Supreme Court · 1955
- Sheik v. HobsonSupreme Court of Iowa · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In the Matter of the Estate of Johnny VAJGRT, Deceased, Bill Ernst, Inc., Intervenor-AppellantSupreme Court of Iowa · 2011
- Pearson v. GalvinOregon Supreme Court · 1969
- Holman Transfer Co. v. Pacific Northwest Bell Telephone Co.Oregon Supreme Court · 1979
- Byrd v. LohrDistrict Court of Appeal of Florida · 1986
- Payless Drug Stores Northwest, Inc. v. BrownCourt of Appeals of Oregon · 1986
11 more not listed; retrieve them via the Exa API.