Loewenberg v. Rosenthal
Oregon Supreme Court
Appeal from the circuit court for Multnomah county. The respondents filed a complaint in the said circuit court, in which they alleged that the appellants and L. Rosenthal, between the first clay of January, 1885, and the first day of October, 1888, wrongfully took and carried away from the respondents’ land, situated in said county of Multnomah, certain fir timber, to the extent of 3,976 cords of wood and 1,520 railroad ties, of the aggregate value of $2,064, which taking…
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Appeal from the circuit court for Multnomah county. The respondents filed a complaint in the said circuit court, in which they alleged that the appellants and L. Rosenthal, between the first clay of January, 1885, and the first day of October, 1888, wrongfully took and carried away from the respondents’ land, situated in said county of Multnomah, certain fir timber, to the extent of 3,976 cords of wood and 1,520 railroad ties, of the aggregate value of $2,064, which taking and carrying away of said timber by appellants were without lawful authority; and that respondents had been damaged…
1Opinion of the CourtThayer, C. J.
If the special findings in this case are inconsistent with the general verdict, they must, of course, control it. Whether they were so inconsistent or not depends, I suppose, upon the question as to whether they would authorize a different judgment in the action than the general verdict would. The latter only authorized a judgment for §30. The special findings established the fact that the appellants took and carried away timber, or trees, standing or tieing upon the respondents’ land, to the amount of 3,800 cords of wood, of the value of §380, with*182out any lawful authority for taking it,…
2Cited by21 opinions
- United Air Lines, Inc. v. Janice Wiener and Catherine B. Nollenberger (Excluding Faith C. Paris), United States of America v. Janice WienerCourt of Appeals for the Ninth Circuit · 1964
- Archambeau v. EdmunsonOregon Supreme Court · 1918
- Eastman v. Jennings-McRae Logging Co.Oregon Supreme Court · 1914
- Gardner v. LovegrenWashington Supreme Court · 1902
- Krausse v. GreenfieldOregon Supreme Court · 1912
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