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Ward v. Hamlin

Ward v. Hamlin, 142 P. 621 (Or. 1914)
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Court
Oregon Supreme Court · State Highest Courts
Decided
June 30, 1914
Judges
Bean, Eakin, McBride, McNary
Citations
142 P. 62171 Or. 2481914 Ore. LEXIS 175
Disposition
Affirmed.
Headnotes
Replevin—Pleading—Complaint. The failure of a complaint to recover personal property to allege that the property was in the eounty when the action was commenced cannot be reached by general demurrer. [As to what are local and transitory actions, see note in 22 Am. St. Rep. 22.]
Summary
From Jackson: Frank M. Calkins, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is an action by Hilda Ward against W. H. Hamlin to recover personal property. The complaint did not state that the property in suit was in Jackson County at the time the action was commenced. The defendant demurred on the ground that the complaint did not state facts sufficient to constitute a cause of action, and, the demurrer being overruled, refused to plead further. Judgment was taken against him for want of an answer, from which he appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — McBride

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Opinion by Mr. Chief Justice McBride.

This case is identical with the case of Marx & Jorgenson v. Croisan, 17 Or. 393 ( 21 Pac. 310 ), wherein it was held that a like defect in laying the venue could not be reached by a general demurrer. The elaborate *249 opinion of Mr. Justice Lord in that case meets every contention urged by the appellant here. Were the matter res integra, a different conclusion might possibly be reached, but, as the rule there deliberately announced seems to dispose of what at best is an unprofitable technicality, we see no reason for departing from it.

The judgment is affirmed. Affirmed.

Mr. Justice Bean and Mr. Justice McNary concur. Mr. Justice Eakin not sitting.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1921: 11940: 11961: 119212026peak 1921 · 1

Relies on it most ⓘ

  1. MacK Trucks, Inc. v. Taylor362 P.2d 364 (Or. 1961)
  2. Wodecki v. West108 P.2d 521 (Or. 1940)
  3. Wheeler v. Steadman195 P. 818 (Or. 1921)

Most recent

  1. MacK Trucks, Inc. v. Taylor362 P.2d 364 (Or. 1961)
  2. Wodecki v. West108 P.2d 521 (Or. 1940)
  3. Wheeler v. Steadman195 P. 818 (Or. 1921)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Marx & Jorgenson v. Croisan, 21 P. 310 (Or. 1889) 11

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