Sutherlin v. Bloomer
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Suit to foreclose a chattel mortgage. From a decree for plaintifE, defendant appeals. Statement by Mr. Commissioner King.
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From Douglas: James W. Hamilton, Judge. Suit to foreclose a chattel mortgage. From a decree for plaintifE, defendant appeals. Statement by Mr. Commissioner King. This is a suit to foreclose a chattel mortgage on furniture and other property owned by, and in the possession of, the defendant, as mortgagor; the chattels involved being in what is known as the “McClallen House/’ in Roseburg, Or., which was at the time the proceedings were begun being conducted by him as a hotel under an unexpired lease thereon. The complaint is in the usual form, and demands judgment for. $5,000, with interest,…
1Opinion of the Court
Opinion by
Mr. Commissioner King.
1. This cause appears to have been tried, evidence offered, exceptions taken to the court’s rulings thereon, and brought here on a bill of exceptions as in actions at law. However, our statute clearly provides 'that suits in equity on appeal shall be tried de novo on the transcript and evidence accompanying it: B. & C. Comp. §§ 406, 555; Robson v. Hamilton, 41 Or. 246 (69 Pac. 651); Powers v. Powers, 46 Or. 481 (80 Pac. 1058).
2. It accordingly follows that exceptions to the rulings of the court in equity suits are unnecessary, save in the particular instance…
2Cases cited16 opinions
- Indianapolis Union Railway Co. v. HoulihanIndiana Supreme Court · 1901
- Morgan's EstateOregon Supreme Court · 1904
- Moore v. HallidayOregon Supreme Court · 1903
- Pitts Sons' Manufacturing Co. v. Commercial National BankIllinois Supreme Court · 1887
- Sayre v. BurdickSupreme Court of Minnesota · 1891
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3Cited by52 opinions
- Iwanicki v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Marks v. Twohy Bros.Oregon Supreme Court · 1921
- Jaloff v. United Auto Indemnity ExchangeOregon Supreme Court · 1926
- Interior Warehouse Co. v. DunnOregon Supreme Court · 1916
- Hyland v. Oregon Agricultural Co.Oregon Supreme Court · 1924
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