Eilers Piano House v. Pick
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Moore. This action was commenced May 20, 1908, by Eilers Piano House against C. O. Pick doing business as C. O. Pick Transfer and Storage Company, to recover the possession of personal property. The complaint, omitting the formal parts, is as follows: “That plaintiff is, and was during all the times hereinafter mentioned, a corporation duly organized and existing under the laws of the State of Oregon.
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From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Moore. This action was commenced May 20, 1908, by Eilers Piano House against C. O. Pick doing business as C. O. Pick Transfer and Storage Company, to recover the possession of personal property. The complaint, omitting the formal parts, is as follows: “That plaintiff is, and was during all the times hereinafter mentioned, a corporation duly organized and existing under the laws of the State of Oregon. That on or about the 3d day of January, 1908, at Portland, Oregon, the' plaintiff was the owner of, and entitled to the…
1Opinion of the CourtJustice Moore
1. Objection is urged in this court to the complaint on the ground that it does not state facts sufficient to constitute a cause of action, a question not raised in the lower court. The plaintiff’s counsel insists that, after the judgment herein was rendered, the piano was voluntarily surrendered to his client, and, such delivery being evidenced by the abstract, the appeal should be dismissed. These questions will be considered in their inverse order. The rule is settled in this state that a party cannot accept the benefits of a judgment or decree and prosecute an appeal from such…
2Cases cited8 opinions
- Portland Construction Co. v. O'NeilOregon Supreme Court · 1893
- Moore v. FloydOregon Supreme Court · 1872
- Moores v. MooresOregon Supreme Court · 1899
- Edwards v. PerkinsOregon Supreme Court · 1879
- State v. JuryOregon Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Duniway v. Cellars-Murton Co.Oregon Supreme Court · 1919
- Staiger v. HolmanOregon Supreme Court · 1932
- Selected Products Corp. v. HumphreysCourt of Appeals for the Seventh Circuit · 1936
- Almada v. VandecarOregon Supreme Court · 1919
- Kellogg v. SmithOregon Supreme Court · 1914
10 more not listed; retrieve them via the Exa API.