Cook v. Croisan
Oregon Supreme Court
Appeal from Marion: Geo. H. Burnett, Judge. This action was brought by Jesse T. Cook and others against E. M. Croisán to recover the value of certain personal property which the defendant, as sheriff, seized and sold under an execution.
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Appeal from Marion: Geo. H. Burnett, Judge. This action was brought by Jesse T. Cook and others against E. M. Croisán to recover the value of certain personal property which the defendant, as sheriff, seized and sold under an execution. The defendant denied that plaintiffs, or either of them, owned such property, or any part thereof, the value of each item as alleged, etc., but alleged that he took the same, and sold it at public auction, under an execution as provided by law, and that it brought the sum specified, and no more. It appears from the bill of exceptions that the plaintiffs, to…
1Opinion of the Court
Opinion by
Mr. Chief Justice Lord.
We think the amendment ought to have been allowed, as it was clearly one the court was authorized to make. When the parties proceed with a trial, and evidence is received without objection, supporting material matters which are not set out in the pleadings, the court may permit the pleadings to be amended to conform with the proofs. In Flanders v. Cottrell, 36 Wis. 564, it was alleged in the complaint that Noonan sold the press to Amberg & Co. for the defendants, and at their request, and no other or different cause of action was stated. This allegation was…
2Cases cited1 opinion
- Flanders v. CottrellWisconsin Supreme Court · 1875
3Cited by10 opinions
- Chesapeake & Ohio Ry. Co. v. ConleyCourt of Appeals of Kentucky · 1910
- Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895
- Anderson v. First Nat. BankNorth Dakota Supreme Court · 1895
- Farmers' Bank v. SalingOregon Supreme Court · 1898
- Harris v. HarrisColorado Court of Appeals · 1897
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