Legal Opinion

Fisher v. Kelly

Oregon Supreme Court

Decided September 21, 1896PublishedCited by 16 opinions

From Multnomah: E. D. Shattuck, Judge. Action of damages against a sheriff for seizing and selling a stock of goods on which plaintiffs claimed to have a chattel mortgage. Another case between the same parties over the same questions was dismissed in this court at a previous term: Fisher v. Kelly, 26 Or. 249. After the failure of the first case on a technical point, this case was commenced, and came here on appeal by plaintiff from a judgment for defendant.

1Opinion of the Court

Opinion by

Mr. Justice Moore.

*3This is an action by M. Fisher, Sons & Co. against Penumbra Kelly, sheriff of Multnomah County, to recover the value of and damages for the alleged wrongful conversion of a stock of goods. The plaintiffs allege that on February 4, 1893, by virtue of a chattel mortgage executed to them by one O. C. McLeod, they had a first lien upon, and were entitled to and in the possession of, a stock of woolen and other cloths, of the value of $5,000.00; that on said day the defendant wrongfully took said goods from their possession, and converted the same to his own use, to…

2Cases cited22 opinions

  1. People's Savings Bank v. BatesSupreme Court of the United States · 1887
  2. Rinchey v. . StrykerNew York Court of Appeals · 1863
  3. Union National Bank v. OiumNorth Dakota Supreme Court · 1892
  4. Thornburgh v. HandCalifornia Supreme Court · 1857
  5. Barton v. SitlingtonSupreme Court of Missouri · 1895

17 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. DeVall v. DeVallOregon Supreme Court · 1910
  2. Rutenic v. HamakarOregon Supreme Court · 1902
  3. Official Comm. Unsecured Creditors of HH Liquidation, LLC v. Comvest Grp. Holdings, LLC (In re HH Liquidation, LLC)United States Bankruptcy Court, D. Delaware · 2018
  4. Taylor v. BrownOregon Supreme Court · 1907
  5. Kenney v. HurlburtOregon Supreme Court · 1918

11 more not listed; retrieve them via the Exa API.

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