Barr v. Combs
Oregon Supreme Court
From Harney: Morton D. Clifford, Judge. This is an action of trespass by Emmett Barr against George Combs for the seizure, detention, and sale of certain personal property belonging to the plaintiff by the defendant Combs, sheriff of Grant County, at the instigation and request of his codefendant Rader.
Read the full summary
From Harney: Morton D. Clifford, Judge. This is an action of trespass by Emmett Barr against George Combs for the seizure, detention, and sale of certain personal property belonging to the plaintiff by the defendant Combs, sheriff of Grant County, at the instigation and request of his codefendant Rader. The answer admits the seizure, sale, and detention, but avers that in November, eighteen hundred and ninety-two, Rader duly recovered a judgment against the plaintiff for the sum of one hundred and fourteen dollars a,nd twenty-four cents, and that the property in question was seized and sold…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. It will be seen that the only issue of fact made by the pleadings is whether the defendant Rader agreed to and did accept as payment on his judgment the amount due plaintiff from Harrer Brothers. To maintain this issue on his part, the plaintiff gave in evidence, over defendant’s objection and exception, a portion of the return of the sheriff made on the execution of May sixth, eighteen hundred and ninety-three, in which, among other things, he certified that on January fourth, eighteen hundred and ninety-three, by virtue of an execution of that date, he…
2Cases cited5 opinions
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Hessong v. PressleyIndiana Supreme Court · 1882
- Mitchell v. HockettCalifornia Supreme Court · 1864
- O'Shaughnessy v. BaxterMassachusetts Supreme Judicial Court · 1877
- Davis v. RidgelyCourt of Appeals of Kentucky · 1802
3Cited by4 opinions
- Cavitt v. McCriteWashington Supreme Court · 1938
- Barr v. RaderOregon Supreme Court · 1898
- Holdredge v. McCombsCourt of Appeals of Kansas · 1899
- Johnson v. NelsonWashington Supreme Court · 1928