Legal Opinion

Martindale v. Scott

Oregon Supreme Court

Decided November 27, 1917PublishedCited by 3 opinions

From Clatsop: James A. Eakin, Judge. Action in replevin by J. M. Martindale against A. J. Scott. At the close of plaintiff’s case, on motion of defendant the court allowed a judgment of nonsuit, from which plaintiff appealed. Submitted on briefs under the proviso of Supreme Court Rule 18: 56 Or. 622 (117 Pac. xi). In Banc. Statement by Mr. Justice Benson. This is an action in replevin.

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From Clatsop: James A. Eakin, Judge. Action in replevin by J. M. Martindale against A. J. Scott. At the close of plaintiff’s case, on motion of defendant the court allowed a judgment of nonsuit, from which plaintiff appealed. Submitted on briefs under the proviso of Supreme Court Rule 18: 56 Or. 622 (117 Pac. xi). In Banc. Statement by Mr. Justice Benson. This is an action in replevin. The complaint which was filed on March 30,1917, alleged that on March 21, 1917, plaintiff was and ever since lias been the owner of the property and entitled to the immediate possession thereof; that on the…

1Opinion of the CourtJustice Benson

1. It is conceded that the complaint is silent upon the question of venue. It is also-conceded that the personal property which is sought to be recovered was in another state at the time when the action was commenced. Plaintiff insists that by failure to demur, and by answering to the merits, defendant waived any objection he might have to a trial of the action in the wrong county, and that after issue joined it is too late to question this feature of the court’s jurisdiction. In support of his position, plaintiff directs our attention to the case of Marx v. Croisan, 17 Or. 393 (21 Pac. 310),…

2Cases cited4 opinions

  1. Byers v. FergusonOregon Supreme Court · 1902
  2. Moorhouse v. DonacaOregon Supreme Court · 1887
  3. Marx & Jorgenson v. CroisanOregon Supreme Court · 1889
  4. Kirk v. MatlockOregon Supreme Court · 1885

3Cited by3 opinions

  1. MacK Trucks, Inc. v. TaylorOregon Supreme Court · 1961
  2. Ylvich v. KalafateOregon Supreme Court · 1939
  3. Osburn v. PaceCourt of Appeals of Oregon · 1982

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