Capital Lumbering Co. v. Hall
Oregon Supreme Court
Appeal from Polk. The facts are stated in the opinion. Where the trial of the right of property before a sheriff's jury is had, and the verdict is against the claimant, he cannot afterwards maintain an action against the sheriff for the recovery of the property, or for damages for taking the same. {Remdell v. Swaokhammer, 8 Oregon, 502; Storms v. Eaton, 5 Neb., 453; Patty v. Mansdeld, 8 Ohio St., 369; Ralston v. Oursler, 12 Ohio St., 105; Jones v. Carr, 16 Ohio St., 420;…
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Appeal from Polk. The facts are stated in the opinion. Where the trial of the right of property before a sheriff's jury is had, and the verdict is against the claimant, he cannot afterwards maintain an action against the sheriff for the recovery of the property, or for damages for taking the same. {Remdell v. Swaokhammer, 8 Oregon, 502; Storms v. Eaton, 5 Neb., 453; Patty v. Mansdeld, 8 Ohio St., 369; Ralston v. Oursler, 12 Ohio St., 105; Jones v. Carr, 16 Ohio St., 420; Fisher v. Gordon, 8 Mo., 388; Rowe v. Bowen, 28 Tib, 116; Commissioners v. Wheldon, 15 Ind., 147.) It is a familiar rule…
1Opinion of the Court
By the Court, Watson, J.:
This action was brought in the circuit court for Polk county, to recover two millions feet of saw logs. The complaint is in the usual form, alleging ownership and the right of immediate possession in plaintiff; the wrongful taking of the property and refusal to deliver possession on demand; the value of the logs is placed at nine thousand dollars; and prayer for judgment in the alternative for the recovery of the possession of the property, or, if not to be had, then for nine thousand dollars, its value, and costs of action.
The answer denies plaintiff’s ownership and…
2Cases cited5 opinions
- Rowe v. BowenIllinois Supreme Court · 1862
- Chinn v. RussellIndiana Supreme Court · 1828
- Schroeder & Evers v. ClarkSupreme Court of Missouri · 1853
- Clark v. SearsSupreme Court of Iowa · 1856
- Townsend v. PhillipsNew York Supreme Court · 1813
3Cited by6 opinions
- Vulcan Iron Works v. EdwardsOregon Supreme Court · 1894
- Matsuda v. Noble and DecosterOregon Supreme Court · 1948
- Tallman v. HavillOregon Supreme Court · 1930
- Francisco v. StringfieldOregon Supreme Court · 1941
- Chatfield v. City of CincinnatiOhio Superior Court, Cincinnati · 1907
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