Jenkins v. Ontario
Oregon Supreme Court
From Malheur: Morton D. Clifford, Judge. Action of claim and delivery by W. D. Jenkins against the City of Ontario, for property seized and held by its marshal, resulting in a judgment for defendant because the municipality was not liable in this form of action for seizures and detentions by its officers.
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From Malheur: Morton D. Clifford, Judge. Action of claim and delivery by W. D. Jenkins against the City of Ontario, for property seized and held by its marshal, resulting in a judgment for defendant because the municipality was not liable in this form of action for seizures and detentions by its officers. Submitted on briefs under Rule 16. 1. The City of Ontario, as such, shall have the right to sue and be sued, implead and be impleaded, * * in any of the courts of this State: Charter of Ontario, 1899 (Laws 1899, p. 669). 2. The holding of the lower court that an action in replevin will not…
1Opinion of the CourtJustice Bean
This is an action against a municipal corporation to recover possession of an animal alleged to have been wrongfully and unlawfully seized and impounded by its marshal under the authority of an ordinance regulating the running at large of animals within the corporate limits of the city. The complaint, after averring the incorporation of the defendant, the election and appointment of the marshal, the plain tiff’s ownership and right to the immediate possession of the property in controversy, and its seizure by the marshal under the ordinance mentioned, alleges that before the commencement of…
2Cases cited4 opinions
- Grace v. MitchellWisconsin Supreme Court · 1872
- Rose v. CashIndiana Supreme Court · 1877
- Herzberg v. SachseCourt of Appeals of Maryland · 1883
- House v. TurnerMichigan Supreme Court · 1895
3Cited by8 opinions
- Ayers v. LundOregon Supreme Court · 1907
- Barnes v. Multnomah CountyU.S. Circuit Court for the District of Oregon · 1906
- Broadway-Madison Corp. v. FisherOregon Supreme Court · 1940
- Stitt v. StringhamOregon Supreme Court · 1909
- Scottsdale Ginning Co. v. LonganArizona Supreme Court · 1922
3 more not listed; retrieve them via the Exa API.