Finney v. Egan
Oregon Supreme Court
Prom Marion: George H. Burnett, Judge. This is an action by James Finney against William H. Egan to recover the possession of certain real property and damages for its detention.
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Prom Marion: George H. Burnett, Judge. This is an action by James Finney against William H. Egan to recover the possession of certain real property and damages for its detention. The complaint, in effect, alleges that plaintiff is the owner in fee simple and entitled to the immediate possession of the following described premises : Commencing at a stone set at the southeast corner of the donation land claim of John Albright in township 6 south of range 2, west of the Willamette Meridian, said point being at the eastern terminus of an old fence; thence north 31 links, more or less, to a new…
1Opinion of the CourtChief Justice Moore
It is contended by defendant’s counsel that by the interposition of the cross-bill the court secured jurisdiction of the subject-matter, and, having determined the controversy in the suit in favor of the plaintiff, had authority to determine what damages, if any, he sustained, and, not having done so, an error was committed by the court in permitting plaintiff to resume the prosecution of the action at law after the decree was rendered. The statute authorizing the procedure adopted to stay the trial of this action is, as far as deemed material, as follows: “ In an action at law, where the…
2Cases cited2 opinions
- Hill v. CooperOregon Supreme Court · 1876
- Oatman v. EppsOregon Supreme Court · 1887
3Cited by8 opinions
- Gellert v. Bank of California, National Ass'nOregon Supreme Court · 1923
- Bell v. SpainOregon Supreme Court · 1924
- Fire Ass'n v. AllesinaOregon Supreme Court · 1904
- Dose v. BeatieOregon Supreme Court · 1912
- Donart v. StewartOregon Supreme Court · 1912
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