Pettyjohn v. Oregon Coal & Nav. Co.
Oregon Supreme Court
From Coos: James W. Hamilton, Judge. Statement by Mr. Chief Justice Eakin. This is an action of replevin by L. D. Pettyjohn and T. Nicols, partners doing business under the firm name and style of Pettyjohn & Nicols, against the Oregon Coal & Navigation Company, a corporation. From a judgment of the circuit court for plaintiffs, on appeal from a like judgment in justice’s court, defendant appeals.
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From Coos: James W. Hamilton, Judge. Statement by Mr. Chief Justice Eakin. This is an action of replevin by L. D. Pettyjohn and T. Nicols, partners doing business under the firm name and style of Pettyjohn & Nicols, against the Oregon Coal & Navigation Company, a corporation. From a judgment of the circuit court for plaintiffs, on appeal from a like judgment in justice’s court, defendant appeals. The facts are as follows: Plaintiff shipped, by defendant’s steamship F. M. Plant, certain goods of the value of $77.50 from San Francisco to Marshfield, Coos County, Oregon, and at the latter point…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1. In the circuit court and in this court the insufficiency of the plea seems to have been conceded, and is treated as an answer to the merits. As to the practice upon plea in abatement, see La Grande v. Portland Public Market (decided January 24, 1911) 58 Or. 126 (113 Pac. 25). Therefore, we will treat it as an answer to' the merits, namely, as alleging defendant’s right to retain possession of the goods until the salvage is secured or paid. This brings us to the question whether the facts alleged create a lien on the goods for salvage in favor of the…
2Cases cited5 opinions
- EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857
- Hill v. SturgeonSupreme Court of Missouri · 1859
- Gillet v. EllisIllinois Supreme Court · 1850
- La Grande v. Portland Public MarketOregon Supreme Court · 1911
- Costigan v. Michael Transportation Co.Missouri Court of Appeals · 1888
3Cited by13 opinions
- In Re Phillips' EstateWashington Supreme Court · 1938
- Neuhaus v. FedericoCourt of Appeals of Oregon · 1973
- School Dist. No. 106 v. New Amsterdam Casualty Co.Oregon Supreme Court · 1930
- School District No. 17 v. PowellOregon Supreme Court · 1955
- Crawford v. School District No. 7Oregon Supreme Court · 1913
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