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21 Or. 440

Chow v. Brockway

Oregon Supreme Court

Decided December 21, 1891

Oregon Supreme Court · decided 1891-12-21

Plaintiff appeals. (McKinley Fel. Serv. § 30; Bryant v. Burlington, etc. B. R. Co. 66 Iowa, 305; 55 Am. Rep. 275; Howland v. Mihvaukee, etc. Ry.

Good law ✅— No negative treatment on recordhow we know

Decided 1891-12-21

How this case has been cited

Cited by 42 later decisions — most recently September 1984 · most notably Bell v. City of Milwaukee (1984), Perham v. Portland Electric Co. (1898)

4 federal appellate · 7 district · 31 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1County Covets — Estates—Jurisdiction First Assumed. — When one county-court lias regularly assumed and is exercising jurisdiction over the estate of a deceased person, it necessarily excludes every other county court from thereafter assuming jurisdiction over the matter.

¶2Coroners — Statutory Proceeding. — The disposition of the property of a decedent by a coroner is a statutory proceeding, and the requirements of the law in that respect must be strictly complied with by one seeking to defend his possession or expenditure of a decedent’s property on that ground.

¶3Administrator de Son Tort — Conversion. — The payment of claims against an estate by one who assumes to act as administrator thereof under an appointment void for want of jurisdiction in the court making the appointment, will not constitute a defense to an action brought by the rightful administrator for conversion of the property of the estate.

¶4Reversed.

¶5The complaint alleges, in substance, that on or about September 5, 1889, one Yee Yuey, sometimes called Yuen, died intestate in Douglas county, and at the time of his

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