Barr v. Rader

This action is to recover damages for the seizure, detention, and sale of certain personal property under an *376execution issued at the instigation of the defendant on a judgment which it is alleged had been paid, and is here for the third time on appeal. The decisions in the two former appeals are to be found reported in 29 Or. 399 (45 Pac. 776), and 31 Or. 225 (49 Pac. 962), from which it appears that the only issue of fact in the case is whether the defendant accepted as part payment of an execution previously issued on the judgment in question an account in favor of plaintiff against Harrer…