Mishler v. Edmunson
Oregon Supreme Court
From Lane: George F. Skipwobth, Judge. Department 2. On November 5, 1914, the plaintiff commenced an action in replevin in the Circuit Court of Lane County against J. M. Edmunson and B. A. Allen for the recovery of 184 bales of hops and duly filed his affidavit, bond and order requiring the sheriff to take possession of the hops and deliver them to the plaintiff.
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From Lane: George F. Skipwobth, Judge. Department 2. On November 5, 1914, the plaintiff commenced an action in replevin in the Circuit Court of Lane County against J. M. Edmunson and B. A. Allen for the recovery of 184 bales of hops and duly filed his affidavit, bond and order requiring the sheriff to take possession of the hops and deliver them to the plaintiff. While the sheriff held possession of the hops the defendants duly executed a counter-bond for the redelivery of the hops to the defendant J. M. Edmunson, reciting that: “We are firmly bound, jointly and severally, in the sum of…
1Opinion of the CourtJohns, J.
The bond is joint and several, follows the statute and expressly provides for the delivery of the hops to the plaintiff, “if such delivery thereof be adjudged, or for the payment to said plaintiff of any such sum as may for any cause be recovered against said defendant.” Judgment was recovered against J. M. Edmunson, the defendant in the original action, for the sum of $1,346.69, the value of the property, and $74.60 costs in the trial court. From this judgment the defendant J. M. Edmunson appealed to this court, where it was affirmed with costs in this court, $39.
1. We are of the opinion…
2Cases cited4 opinions
- Shannon v. DodgeSupreme Court of Colorado · 1893
- State ex rel. Meeker v. McGlothlinSupreme Court of Iowa · 1883
- Coonradt v. CampbellSupreme Court of Kansas · 1883
- Jordan v. Agawam Woollen Co.Massachusetts Supreme Judicial Court · 1871
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- State Ex Rel. Morrison v. City of MuskogeeSupreme Court of Oklahoma · 1918
- Clark v. National Surety Co.Montana Supreme Court · 1927
- Lowe v. Southern Surety Co.South Dakota Supreme Court · 1929
- Floreth v. TotschMissouri Court of Appeals · 1938