Guille v. Wong Fook
Oregon Supreme Court
Multnomah County. Defendant appeals. The action for the recovery of specific personal property, recognized by statute in Oregon, depends upon the right of property in the plaintiff and his right to the • immediate possession. Failing in the proof of his right of possession, he fails in his action.
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Multnomah County. Defendant appeals. The action for the recovery of specific personal property, recognized by statute in Oregon, depends upon the right of property in the plaintiff and his right to the • immediate possession. Failing in the proof of his right of possession, he fails in his action. (Moser v. Jenkins, 5 Or. 447; Yandle v. Crane, 13 Kan. 347; Clark v. West, 23 Mich. 242; Belden v. Laing, 8 Id. 500.) But any matter of defense which goes to bar the plaintiff’s cause of action need not be specially pleaded. Under the plea of not guilty, at common law, the defendant may show title…
1Opinion of the CourtThayer, J.
This appeal is from a judgment rendered in an action brought by the respondent against the appellant for the recovery of the possession of personal property. It is alleged in the complaint in the action that the respondent was, and for more than a month past had been, the owner and entitled to the possession of the following goods and chattels, of the value of eleven hundred dollars, to wit: Sixty-eight head of hogs on the macadamized road in said county, on the place formerly kept by Wong Hin Soon; that the appellant, on the third day of September, 1884, at the county of Multnomah, without…
2Cases cited8 opinions
- Fitzhugh v. . WimanNew York Court of Appeals · 1854
- Moser v. JenkinsOregon Supreme Court · 1875
- Dillingham v. SmithSupreme Judicial Court of Maine · 1849
- Foredice v. RinehartOregon Supreme Court · 1883
- Low v. MartinIllinois Supreme Court · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Summerville v. Stockton Milling Co.California Supreme Court · 1904
- Freeman v. TrummerOregon Supreme Court · 1907
- Gardner v. GillihanOregon Supreme Court · 1891
- Taylor v. BrownOregon Supreme Court · 1907
- Pease v. MagillNorth Dakota Supreme Court · 1908
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