Krebs Hop Co. v. Taylor
Oregon Supreme Court
From Polk: George H. Burnett, Judge. Statement by Mr. Justice Moore. This is an action by the Krebs Hop Co. a corporation, against R. J. Taylor and I. W. Dickenson to recover possession of a pair of horses, a buggy, and a set of harness, or the alleged value thereof, in case possession cannot be secured, and damages for the detention; the complaint being in the usual form.
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From Polk: George H. Burnett, Judge. Statement by Mr. Justice Moore. This is an action by the Krebs Hop Co. a corporation, against R. J. Taylor and I. W. Dickenson to recover possession of a pair of horses, a buggy, and a set of harness, or the alleged value thereof, in case possession cannot be secured, and damages for the detention; the complaint being in the usual form. The answer denied the material allegations of the complaint, except the incorporation of the plaintiff, and that it was the owner of the property. For a separate defense, it is averred: That on March 27, 1907, the chattels…
1Opinion
Reargued November 25, decided December 15, 1908.
On Petition for Kehearing.
On rehearing, former opinion set aside and judgment reversed.
2Opinion of the CourtJustice Moore
At a rehearing herein, granted upon a petition therefor, it. appeared that the • abstract of the record, which was employed in lieu of a transcript, did not affirmatively show, that, when the plaintiff’s counsel announced to the court their election to proceed against Taylor and to dismiss the action as to Dickenson, the cause had not been submitted to the jury—a fact that was not observed .at the prior trial. The authority to make such choice is not discussed…
3Cases cited8 opinions
- Wiest v. Electric Traction Co.Supreme Court of Pennsylvania · 1901
- Dahms v. SearsOregon Supreme Court · 1885
- Smith v. DayOregon Supreme Court · 1901
- Perkins v. McCulloughOregon Supreme Court · 1899
- Cooper v. BlairOregon Supreme Court · 1886
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