Mayes v. Stephens
Oregon Supreme Court
From Douglas: Jas. W. Hamilton, Judge. Action by J. G. Mayes against R. L. Stephens to recover the possession of a tubular boiler, or its value in case possession thereof cannot be secured, and damages for its detention; the plaintiff substantially alleging that he is the owner and was in the possession of the property when it was unlawfully seized by the defendant, who refused to surrender it upon a demand therefor, and that he is entitled to the immediate possession…
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From Douglas: Jas. W. Hamilton, Judge. Action by J. G. Mayes against R. L. Stephens to recover the possession of a tubular boiler, or its value in case possession thereof cannot be secured, and damages for its detention; the plaintiff substantially alleging that he is the owner and was in the possession of the property when it was unlawfully seized by the defendant, who refused to surrender it upon a demand therefor, and that he is entitled to the immediate possession thereof. The defendant denied the material allegations of the complaint, and averred that said boiler was real estate which…
1Opinion of the CourtJustice Moore
1. It is contended by plaintiff’s counsel that the court erred in striking out the allegations of new matter in the reply, while defendant’s counsel maintain that the avermentg so stricken out constituted a departure from the allegations of the complaint, and hence no error was committed in this respect. The statute permits a plaintiff to allege in his reply any new matter not inconsistent with the complaint, which constitutes a defense to new matter in the answer: Hill’s Ann. Laws, § 76. The facts relied upon as a ground of action should generally be stated in the complaint; for, if the…
2Cases cited27 opinions
- Troup v. Executors of SmithNew York Supreme Court · 1822
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Palmer v. HayesIndiana Supreme Court · 1887
- Reinstein v. RobertsOregon Supreme Court · 1898
22 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Swank v. ElwertOregon Supreme Court · 1910
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
- Brown v. BakerOregon Supreme Court · 1901
- Kiernan v. KratzOregon Supreme Court · 1902
- Patterson v. PattersonOregon Supreme Court · 1902
19 more not listed; retrieve them via the Exa API.