Siverson v. Clanton
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. In Banc. This is an action to recover money. The complaint charges in effect that on and prior to September 12, 1912, the plaintiff, Theodore Siverson, was the owner and in the possession of a fish-trap of the value of $2,000, which artifice was marked “No. 1, Ore. and No. -U. S.,” and located in the Columbia River in Clatsop County, Oregon;' that about September ■-, 1912, without his knowledge or consent and against his will, the…
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From Clatsop: James A. Eakin, Judge. In Banc. This is an action to recover money. The complaint charges in effect that on and prior to September 12, 1912, the plaintiff, Theodore Siverson, was the owner and in the possession of a fish-trap of the value of $2,000, which artifice was marked “No. 1, Ore. and No. -U. S.,” and located in the Columbia River in Clatsop County, Oregon;' that about September ■-, 1912, without his knowledge or consent and against his will, the defendants, R. E. Clanton and Frank Sweet, took, converted and appropriated such trap to their own use, and deprived the…
1Opinion of the CourtMoore, J.
1. It is contended that the complaint does not state facts sufficient to constitute a cause of action. Though this question was not raised at the trial it was not waived and can be insisted upon in this court: Section 72, L. O. L.
2-6. From the averment in the complaint that the defendants “took, converted and appropriated such trap to their own use,” it might seem that the action was trover, which is a remedy to recover the value of personal property wrongfully converted by another to his own use, in which the damages sustained constitutes tbe gist of the action and affords the due measure of…
2Cases cited11 opinions
- Lee Tung v. BurkhartOregon Supreme Court · 1911
- Moody v. RichardsOregon Supreme Court · 1896
- Eldridge v. HoeferOregon Supreme Court · 1904
- North v. Union Savings & Loan Ass'nOregon Supreme Court · 1911
- Luse v. Isthmus Transit Railway Co.Oregon Supreme Court · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lytle v. Payette-Oregon Slope Irrigation DistrictOregon Supreme Court · 1944
- Kuhnhausen v. StadelmanOregon Supreme Court · 1944
- Iwanicki v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Markel v. Transamerica Title Insurance CompanyArizona Supreme Court · 1968
- Elwert v. Pacific First Federal Savings & Loan Ass'nDistrict Court, D. Oregon · 1956
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