Coach v. Gage
Oregon Supreme Court
From Coos: John S. Coke, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is an action of replevin by J. W. Coach against W. W. Gage, as sheriff of Coos County, to recover possession of a stock of goods seized by defendant, as sheriff, upon an execution against Tawse & Button, who had sold them in bulk to Tawse & Baxter, who in turn sold them in bulk to plaintiff.
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From Coos: John S. Coke, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is an action of replevin by J. W. Coach against W. W. Gage, as sheriff of Coos County, to recover possession of a stock of goods seized by defendant, as sheriff, upon an execution against Tawse & Button, who had sold them in bulk to Tawse & Baxter, who in turn sold them in bulk to plaintiff. The defense interposed is substantially that Tawse & Baxter did not comply with Sections 6069, 6070, 6071, L. O. L., commonly known as the bulk sales law, in that they failed to demand and receive of their vendor…
1Opinion of the Court
Opinion by
Mr. Cheep Justice McBride.
1. There is no bill of exceptions in this case, and, in view of the condition of the record, it will be necessary to state what matters are before the court on this appeal. There is only one method by which evidence can be brought to this court, and that is by a bill of exceptions properly certified as such. As we said in Abercrombie v. Heckard, 68 Or. 103 (136 Pac. 876), and now repeat:
“There is only one way to bring before this court any evidence offered and rejected in the court below, and that is by incorporating it in a bill of exceptions, *184either by a…
2Cases cited24 opinions
- Lochner v. New YorkSupreme Court of the United States · 1905
- State v. JulowSupreme Court of Missouri · 1895
- Wright v. . HartNew York Court of Appeals · 1905
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
- McDaniels v. J. J. Connelly Shoe Co.Washington Supreme Court · 1902
19 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. AnthonyOregon Supreme Court · 1946
- Semler v. Oregon State Board of Dental ExaminersOregon Supreme Court · 1934
- Klein v. . MaravelasNew York Court of Appeals · 1916
- Stuart v. Elk Horn Bank & Trust Co.Supreme Court of Arkansas · 1916
- Fischer v. Rio Tire Co.Texas Commission of Appeals · 1933
11 more not listed; retrieve them via the Exa API.