Almada v. Vandecar
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. In Banc. This is an action in replevin. There was a verdict and judgment for the plaintiff. The defendant moved for a judgment notwithstanding the verdict; and, based upon that motion, the court set aside the verdict and judgment for the plaintiff and granted a new trial with permission to the plaintiff to amend his complaint. The plaintiff appealed.
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From Baker: Gustav Anderson, Judge. In Banc. This is an action in replevin. There was a verdict and judgment for the plaintiff. The defendant moved for a judgment notwithstanding the verdict; and, based upon that motion, the court set aside the verdict and judgment for the plaintiff and granted a new trial with permission to the plaintiff to amend his complaint. The plaintiff appealed. The only questions presented upon this appeal arise out of the complaint filed by the plaintiff and, for that reason, the pleading is here transcribed in full: “That on or about the 1st of April, 1916, at Baker…
1Opinion of the CourtHarris, J.
1. The objection that the complaint does not state sufficient facts to constitute a cause of action is never waived and may be raised for the first time in the appellate court, or it may be urged here even though a demurrer has been filed in the trial court and overruled with the consent of the parties: Hargett v. Beardsley, 33 Or. 301 (54 Pac. 203).
2-4. Replevin is essentially a possessory action. The primary right which the moving party seeks to enforce in this action is the right of immediate possession; and unless he is entitled to such possession he has no right to enforce. In this as in…
2Cases cited11 opinions
- Fredericks v. TracyCalifornia Supreme Court · 1893
- Scofield v. . WhiteleggeNew York Court of Appeals · 1872
- Kimball v. RedfieldOregon Supreme Court · 1898
- Eilers Piano House v. PickOregon Supreme Court · 1911
- Hargett v. BeardsleyOregon Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pearson v. RichardsOregon Supreme Court · 1922
- Dies v. Bank of Commerce of SapulpaSupreme Court of Oklahoma · 1924
- Kelley Et Ux. v. Mallory Et Ux.Oregon Supreme Court · 1954
- Riggs v. New Jersey Fidelity & Plate Glass Co.Oregon Supreme Court · 1928
- Great American Insurance v. LindermanDistrict Court, D. Oregon · 2015
7 more not listed; retrieve them via the Exa API.