Peacock v. Kirkland
Oregon Supreme Court
From Linn: William Galloway, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by Ella Peacock against John E. Kirkland, J. D. Isom and A. M. Holt. The plaintiff issued execution on a judgment in her favor against one Albert Peacock, and placed it in the hands of the sheriff of Linn County, who by virtue thereof levied upon and took into his possession certain chattels as the property of the defendant in the writ.
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From Linn: William Galloway, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by Ella Peacock against John E. Kirkland, J. D. Isom and A. M. Holt. The plaintiff issued execution on a judgment in her favor against one Albert Peacock, and placed it in the hands of the sheriff of Linn County, who by virtue thereof levied upon and took into his possession certain chattels as the property of the defendant in the writ. At this juncture the defendant Kirkland commenced replevin against the sheriff to recover the property and gave an undertaking with the other defendants here…
1Opinion of the CourtJustice Burnett
1. It is well settled in this state that the obligation of a surety cannot be enlarged beyond the terms of his undertaking. The authorities are collated in the case of Woodle v. Settlemyer, 71 Or. 25 (141 Pac. 205), by Mr. Justice Bamsey in the latest utterance of this court upon that subject.
2. The obligors in the instrument in question pledged themselves for the performance of three things: (1) For the prosecution of the action; (2) for the return of the property to the defendant in replevin if return should be adjudged; and (3) for the payment to the defendant of such sum as from any cause…
2Cases cited13 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- White v. LaddOregon Supreme Court · 1902
- Ruckman v. Union Railway Co.Oregon Supreme Court · 1904
- Yuen Suey v. FleshmanOregon Supreme Court · 1913
- Belle v. BrownOregon Supreme Court · 1900
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3Cited by11 opinions
- Kennedy v. MorrowArizona Supreme Court · 1954
- Carstensen v. BrownWyoming Supreme Court · 1925
- Bentley v. JenneWyoming Supreme Court · 1925
- Runnells v. LeffelOregon Supreme Court · 1922
- Gibbons v. EllisSupreme Court of Colorado · 1915
6 more not listed; retrieve them via the Exa API.