Veasey v. Humphreys
Oregon Supreme Court
Appeal from Wallowa: Morton D. Clifford, Judge. This is au action to recover possession of thirty-seven head of cattle. The complaint alleges, among other things, that during all the time from March first to August twenty-third, eighteen hundred and ninety-three, R. M. Douney and D. C. Nicholson were partners, doing business under the firm name of Douney and Nicholson; that on or about March tenth, eighteen hundred and ninety-three, plaintiff sold and delivered to said firm…
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Appeal from Wallowa: Morton D. Clifford, Judge. This is au action to recover possession of thirty-seven head of cattle. The complaint alleges, among other things, that during all the time from March first to August twenty-third, eighteen hundred and ninety-three, R. M. Douney and D. C. Nicholson were partners, doing business under the firm name of Douney and Nicholson; that on or about March tenth, eighteen hundred and ninety-three, plaintiff sold and delivered to said firm a certain lot or drove of cattle, taking for the purchase price thereof three joint and several notes, signed in their…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. It is claimed by the plaintiff that the execution of the chattel mortgage in question was admitted by the pleadings, and that he was entitled to have it admitted in evidence without other proof of its execution. This contention involves to some extent a consideration of the rules of pleading touching the allegation of new matter constituting a defense. The statute provides (Hill’s Code, §.73, subdivision 2,) “The defendant may set forth by answer as many defenses and counterclaims as he may have. They shall each be separately stated, and refer to the cause…
2Cases cited4 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Derby v. GallupSupreme Court of Minnesota · 1860
- Citizens' Bank v. ClossonOhio Supreme Court · 1875
- McDonald v. American Mortgage Co.Oregon Supreme Court · 1889
3Cited by13 opinions
- TURNER, ADM'R v. McCreadyOregon Supreme Court · 1950
- Maxwell v. BollesOregon Supreme Court · 1895
- McIntosh Livestock Co. v. BuffingtonOregon Supreme Court · 1923
- Baines v. Coos Bay Navigation Co.Oregon Supreme Court · 1902
- Swank v. MoisanOregon Supreme Court · 1917
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