Legal Opinion

Heiney v. Heiney

Oregon Supreme Court

Decided October 26, 1903PublishedCited by 6 opinions

From Multnomah.: Alfred F. Sears, Jr., Judge. This is an action of forcible detainer of a tract of land known as the “Joseph Heiney Farm,” commenced by Joseph Heiney against his sons, Arthur and Albert Heiney, in a justice’s court of Multnomah County, where the cause was tried, and plaintiff obtained a judgment of restitution of the demised premises.

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From Multnomah.: Alfred F. Sears, Jr., Judge. This is an action of forcible detainer of a tract of land known as the “Joseph Heiney Farm,” commenced by Joseph Heiney against his sons, Arthur and Albert Heiney, in a justice’s court of Multnomah County, where the cause was tried, and plaintiff obtained a judgment of restitution of the demised premises. From this judgment the defendants attempted to appeal by giving in open court, at the time it was rendered, an oral notice thereof, and thereafter filing an undertaking therefor, but failing to stipulate therein for the payment to the plaintiff…

1Opinion of the CourtChief Justice Moore

1. It is contended by defendants’ counsel that, the complaint having alleged “that plaintiff is the owner and entitled to the immediate possession ” of the demanded premises, the action is in ejectment, and not forcible detainer, and, this being so, the justice’s court had no jurisdiction of the subject-matter, and its judgment is void, and hence the undertaking originally given was sufficient, and the circuit court erred in dismissing the appeal and in not dismissing the action. In an action to recover the possession of real property held by force, the person entitled to the premises is…

2Cases cited3 opinions

  1. Malarkey v. O'LearyOregon Supreme Court · 1899
  2. Danvers v. DurkinOregon Supreme Court · 1886
  3. Sweek v. GalbreathOregon Supreme Court · 1884

3Cited by6 opinions

  1. Lambert v. Helena Adjustment Co.Montana Supreme Court · 1924
  2. Priester Et Ux v. Thrall Et UxOregon Supreme Court · 1961
  3. Wolfer v. HurstOregon Supreme Court · 1905
  4. Zelig v. Blue Point Oyster Co.Oregon Supreme Court · 1909
  5. Hulegaard v. GarrettOregon Supreme Court · 1968

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