Northern Pac. Exp. Co. v. Metschan
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Oregon. This is an action to recover 50 bonds of the city of Portland, in the state of Oregon, known as “Portland Water Bonds,” or the value thereof, $70,000, in case delivery cannot be had. The complaint is based upon the provisions of the Oregon statutes for an, action in the nature of replevin to recover specific personal property.
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In Error to the Circuit Court of the United States for the District of Oregon. This is an action to recover 50 bonds of the city of Portland, in the state of Oregon, known as “Portland Water Bonds,” or the value thereof, $70,000, in case delivery cannot be had. The complaint is based upon the provisions of the Oregon statutes for an, action in the nature of replevin to recover specific personal property. The complaint states, substantially: That“plaintiff is a corporation duly incorporated, organized, and existing under and by virtue of the laws of the state of Minnesota, and is a citizen of…
1Opinion of the Court
MORROW, Circuit Judge,
after making the statement of the case as above, delivered the following opinion:
As the provision of section 6 of the act of 1887 relating to express companies is not included in the title of the act, and is not properly connected with the subject of that title, it is clearly void as to express companies, under section 20 of article 4 of the constitution of the .state. But the defendant does not base his right upon that provision. His claim is that he has the right to retain the bonds in his posses.sion by virtue of the act of October 21, 1864, amended and approved…
2Cases cited2 opinions
- People v. HowardMichigan Supreme Court · 1888
- State v. PhenlineOregon Supreme Court · 1888
3Cited by4 opinions
- Worthington v. District Court of the Second Judicial DistrictNevada Supreme Court · 1914
- State ex rel. Amick v. FranciscoSupreme Court of Kansas · 1916
- Brunswick-Balke-Collander Co. v. EvansDistrict Court, D. Oregon · 1916
- State v. MooreOregon Supreme Court · 1900