Capital Lumbering Co. v. Learned
Oregon Supreme Court
From Marion : Geo. EL Burnett, Judge. This is an action by the Capital Lumbering Company to recover the alleged value of certain chattels.
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From Marion : Geo. EL Burnett, Judge. This is an action by the Capital Lumbering Company to recover the alleged value of certain chattels. The facts are that plaintiff, a private corporation, having secured a judgment in the Circuit Court for Marion County against one N. M. Learned for the sum of $500.45, caused an execution to be issued thereon, in pursuance of which John Knight, the then sheriff of said county, seized as the property of said defendant a horse and hack, three calves, and a heifer, and advertised the same for sale at public auction ; that, prior to the day appointed for such…
1Opinion of the CourtJustice Moore
1. It is contended by defendants ’ counsel that the court erred in striking certain allegations from the answer, to the prejudice of their clients. It was alleged therein, in effect, that at the time said property was seized it was in the possession of Mrs. Learned, and that the sheriff, after levying thereon, left it upon her premises, situated about three miles east of Salem, where it has at all times since remained. It is argued that, the sheriff not having removed the property when he seized it, it was incumbent upon him, when it was adjudged that he was entitled thereto, to receive it at…
2Cases cited22 opinions
- Doon v. SmithOregon Supreme Court · 1893
- Chaffin v. TaylorSupreme Court of the United States · 1886
- Washington Ice Co. v. WebsterSupreme Court of the United States · 1888
- Sweeney v. LommeSupreme Court of the United States · 1874
- Blatchford v. BoydenIllinois Supreme Court · 1887
17 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Malsby v. GambleSupreme Court of Florida · 1911
- Leeper, Graves & Co. v. First Nat. Bank of HobartSupreme Court of Oklahoma · 1910
- Interior Warehouse Co. v. DunnOregon Supreme Court · 1916
- Hallidie Machinery Co. v. Whidbey Island Sand & Gravel Co.Washington Supreme Court · 1913
- MacRae v. Kansas City Piano Co.Supreme Court of Kansas · 1904
23 more not listed; retrieve them via the Exa API.