Burdick v. Tum-A-Lum Lumber Co.
Oregon Supreme Court
From J efferson: T. E. J. Dueey, Judge. Department 1. This is an action in replevin. The complaint contains the following allegations: “That on August 5th, 1915, the plaintiff was and now is the owner of and entitled to the immediate possession of the following described personal property located at Culver, Jefferson !County, State of Oregon, to-wit: “That certain warehouse building located on the certain Oregon Trunk Railroad Industrial lots, numbered thirty-seven (37) and…
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From J efferson: T. E. J. Dueey, Judge. Department 1. This is an action in replevin. The complaint contains the following allegations: “That on August 5th, 1915, the plaintiff was and now is the owner of and entitled to the immediate possession of the following described personal property located at Culver, Jefferson !County, State of Oregon, to-wit: “That certain warehouse building located on the certain Oregon Trunk Railroad Industrial lots, numbered thirty-seven (37) and thirty-eight (38) at said Culver; and also all tools, fixtures and equipment then located in said warehouse building…
1Opinion of the CourtBenson, J.
1. The first assignment of error to which our attention is directed is, that the trial court erred in overruling the demurrer to the complaint. It will be observed that the complaint alleges that the warehouse is personal property, but recites no facts which would take it out of the classification as real property, where prima facie, it belongs. This court has held that such a pleading is fatally defective: Enterprise M. & M. Co. v. Cunningham, 84 Or. 319 (165 Pac. 224); Van Orsdol v. Hutchcroft, 83 Or. 567 (163 Pac. 978). The ruling of the lower court was therefore erroneous, and the…
2Cases cited7 opinions
- Graham v. MerchantOregon Supreme Court · 1903
- Gray v. PeltonOregon Supreme Court · 1913
- Guille v. Wong FookOregon Supreme Court · 1886
- Miles v. HemenwayOregon Supreme Court · 1910
- Miller v. BeckOregon Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Paine v. Meier & Frank Co.Oregon Supreme Court · 1933
- Neitzel v. LawrenceIdaho Supreme Court · 1924
- Geroy v. UpperOregon Supreme Court · 1948
- Mathers v. Wentworth & Irwin, Inc.Oregon Supreme Court · 1933
- Pepin v. City of North BendDistrict Court, D. Oregon · 1961
1 more not listed; retrieve them via the Exa API.