Legal Opinion

Coos Bay Railroad v. Wieder

Oregon Supreme Court

Decided November 26, 1894PublishedCited by 11 opinions

Appeal from Coos: J. C. Fullerton, Judge. This is a mandamus proceeding by Patrick Flanagan, T. S. Minot, J. D. Garfield, and the Coos Bay, Roseburg and Eastern Railroad and Navigation Company against R. M. Wieder, who was, at the time oí the filing of the petition for the writ, sheriff of Coos County, Oregon, and was the immediate successor to Z. T. Siglin.

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Appeal from Coos: J. C. Fullerton, Judge. This is a mandamus proceeding by Patrick Flanagan, T. S. Minot, J. D. Garfield, and the Coos Bay, Roseburg and Eastern Railroad and Navigation Company against R. M. Wieder, who was, at the time oí the filing of the petition for the writ, sheriff of Coos County, Oregon, and was the immediate successor to Z. T. Siglin. On the twelfth day of May, eighteen hundred and ninety - two, the said Siglin, as sheriff, had for service an execution duly issued out of the Circuit Court for Coos County in a case wherein C. F. Miller was plaintiff and one R. A. Graham…

1Opinion of the Court

Opinion by

Mr. Justice Wolverton.

1. There are two methods provided by law by which a third person claiming personal property can obtain possession of the same from an officer holding it under a writ of attachment. One is by executing a written undertaking, engaging thereby to redeliver the property, or pay the value thereof to the sheriff, as provided in section 154, Hill’s Code, and the other by an action of replevin, known under the statute as “an action for the recovery of personal property.” Personal property held under an execution may also be replevied from the officer by a third person…

2Cases cited16 opinions

  1. Babcock v. GoodrichCalifornia Supreme Court · 1874
  2. People ex rel. Township of La Grange v. State TreasurerMichigan Supreme Court · 1872
  3. Cresson v. StoutNew York Supreme Court · 1819
  4. Charles Kohn & Co. v. HinshawOregon Supreme Court · 1889
  5. Johnson v. State BarCalifornia Supreme Court · 1937

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

3Cited by11 opinions

  1. Equitable Trust Co. of New York v. Connecticut Brass & Mfg. Corp.Court of Appeals for the Second Circuit · 1923
  2. Winter v. Union Packing Co.Oregon Supreme Court · 1908
  3. Matsuda v. Noble and DecosterOregon Supreme Court · 1948
  4. Dickson v. BackOregon Supreme Court · 1897
  5. Tallman v. HavillOregon Supreme Court · 1930

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

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