Lemmons v. Huber
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Justice Bean. Joseph Lemmons, by his guardian ad litem, brought an action in a justice’s court to recover the value of three and a half tons of hay alleged to belong to him, which it was averred the defendant wrongfully and unlawfully converted to his own use.
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From Marion: George H. Burnett, Judge. Statement by Mr. Justice Bean. Joseph Lemmons, by his guardian ad litem, brought an action in a justice’s court to recover the value of three and a half tons of hay alleged to belong to him, which it was averred the defendant wrongfully and unlawfully converted to his own use. The cause came on for trial before a jury March 16, 1903. After plaintiff had introduced his testimony, defendant moved for a nonsuit on the ground that plaintiff had failed to prove title to the hay in controversy. This motion was sustained by the justice, and judgment rendered…
1Opinion of the CourtJustice Bean
after stating the facts in- the foregoing terms delivered the opinion of the court.
1. Plaintiff’s motion for a retrial of the issues as made by the pleadings in the justice’s court was properly denied. A final judgment, so far as the merits of the case were concerned, was made and entered March 16th. The appeal was not taken until the 8th of the following May — more than thirty days thereafter, and not within the time provided by statute: B. & 0. Comp. § 2239. A judgment is final for the purpose of an appeal when it determines the rights of the parties : State v. Security Sav. Co. 28 Or. 410…
2Cases cited4 opinions
- State v. Security Savings Co.Oregon Supreme Court · 1896
- Purvis v. KronerOregon Supreme Court · 1890
- Hewitt v. . City MillsNew York Court of Appeals · 1892
- Wilson v. . PalmerNew York Court of Appeals · 1878
3Cited by9 opinions
- Leadbetter v. PriceOregon Supreme Court · 1921
- Marquam v. RossOregon Supreme Court · 1905
- School District No. 30 v. Alameda Construction Co.Oregon Supreme Court · 1917
- Lyon v. MazerisOregon Supreme Court · 1942
- Railton v. RedmarOregon Supreme Court · 1956
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