Johnson v. Iankovetz
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. This is an action of replevin by Charles F. Johnson against Sam Iankovetz, and from a judgment in favor of plaintiff the defendant appeals. Respondent files motion to dismiss appeal. Statement by Mr. Justice Eakin.
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From Multnomah: John B. Cleland, Judge. This is an action of replevin by Charles F. Johnson against Sam Iankovetz, and from a judgment in favor of plaintiff the defendant appeals. Respondent files motion to dismiss appeal. Statement by Mr. Justice Eakin. This is an action of replevin commenced in the justice court for the recovery of two guns of the value of $45.05. On August 25, 1908, E. C. Adams contracted to purchase from plaintiff the two guns at the price named, and, for the purpose of payment, gave to him his check for $45.30 on the Merchants’ National Bank. He had no money in the bank…
1Opinion
Argued July 13, decided July 26, 1910.
On the Merits.
[110 Pac. 398.]
2Opinion of the CourtJustice Eakin
2. It is first urged that the complaint does not state facts sufficient to constitute a cause of action in that it does not allege that, at the time of the commencement of the action, plaintiff was the owner and entitled to the possession of the goods. But counsel overlooks the sixth subdivision of the complaint, which states that, at all times and dates mentioned, plaintiff was and now is the owner and entitled to the immediate possession of the property, which is a sufficient allegation in that regard.
3. The question for…
3Cases cited17 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Singer Manufacturing Co. v. GrahamOregon Supreme Court · 1879
- Hirschorn v. CanneyMassachusetts Supreme Judicial Court · 1867
12 more not listed; retrieve them via the Exa API.
4Cited by1 opinion
- Johnson v. IankovetzOregon Supreme Court · 1910