Vulcan Iron Works v. Edwards
Oregon Supreme Court
Appeal from Tillamook: Geo. H. Burnett, Judge. This is an action to recover possession of certain personal property levied upon by tbe defendant as sheriff under a writ of execution against one Williams.
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Appeal from Tillamook: Geo. H. Burnett, Judge. This is an action to recover possession of certain personal property levied upon by tbe defendant as sheriff under a writ of execution against one Williams. After tbe defendant bad taken possession of tbe property under tbe writ, tbe plaintiff notified bim in writing that it was tbe owner of tbe property seized, and demanded that possession thereof be forthwith delivered to it, or be would be held in damages for tbe taking and detention; whereupon tbe sheriff proceeded to summon a jury under section 286 of the Code to try the validity of said,…
1Opinion of the Court
Opinion by
Mr. Justice Bean.
In Remdall v. Swackhamer, 8 Or. 502, and in Capital Lumbering Company v. Hall, 9 Or. 93, it was held that the verdict of a sheriff’s jury under section 286, Hill’s Code, is a complete indemnity to a sheriff proceeding in accordance therewith, and, if against the claimant, is a complete defense to an action by such claimant against the sheriff. But the contention for the plaintiff .is (1) that the sheriff can summon such jury and proceed with the trial only at the request of the claimant, and that a statement of ownership and demand of the property in writing, which…
2Cases cited3 opinions
- Hexter v. SchneiderOregon Supreme Court · 1886
- Capital Lumbering Co. v. HallOregon Supreme Court · 1881
- Remdall v. SwackhamerOregon Supreme Court · 1880
3Cited by39 opinions
- Kadderly v. PortlandOregon Supreme Court · 1903
- Falgout v. PeopleSupreme Court of Colorado · 1969
- Martien v. PorterMontana Supreme Court · 1923
- State ex rel. Adams v. HerriedSouth Dakota Supreme Court · 1897
- Boyd v. OlcottOregon Supreme Court · 1921
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