Fisher v. Kelly
Oregon Supreme Court
Appeal from Multnomah: E. D. Shattuck, Judge. This was an action of replevin brought by M. Fisher, Sons & Company against Penumbra Kelly, sheriff, to recover possession of a stock of cloths that the sheriff held un der a writ of attachment against O. C. McLeod. Plaintiffs claimed possession of the goods as chattel mortgagees, while defendant claimed that the mortgage was fraudulent.
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Appeal from Multnomah: E. D. Shattuck, Judge. This was an action of replevin brought by M. Fisher, Sons & Company against Penumbra Kelly, sheriff, to recover possession of a stock of cloths that the sheriff held un der a writ of attachment against O. C. McLeod. Plaintiffs claimed possession of the goods as chattel mortgagees, while defendant claimed that the mortgage was fraudulent. Plaintiffs were nonsuited at the trial, and in preparing their appeal failed to incorporate in the bill of exceptions the chattel mortgage in question. A copy of it, however, was filed in the supreme court…
1Per curiam
Held, (1) that documentary evidence offered and admitted on the trial of an action at law cannot be made a part of the record on appeal in this court by copies certified to by the clerk of the trial court, but only by a bill of exceptions. (2) That in an action by a chattel mortgagee against an attaching creditor to recover possession of the mortgaged property, the defense being that the mortgage is void, because made to hinder, delay, and defraud creditors, the ruling of the trial court in granting *251a nonsuit cannot be reviewed on appeal unless the mortgage offered and admitted in evidence,…
2Cited by7 opinions
- State v. KlineOregon Supreme Court · 1907
- Cleveland Oil Co. v. Norwich Ins. SocietyOregon Supreme Court · 1898
- Nosler v. Coos Bay Navigation Co.Oregon Supreme Court · 1901
- State v. MartinOregon Supreme Court · 1909
- Tatum v. MassieOregon Supreme Court · 1896
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