Klamath Lumber Co. v. Bamber
Oregon Supreme Court
From Klamath: Henry L. Benson, Judge. In Banc. Statement by Mr. Chief Justice McBride. This is an action by the Klamath Lumber Company, a corporation, against Stella M. Bamber and F. C. Bamber. Bespondent now moves to dismiss the appeal. Plaintiff, which is a corporation, brought an action against defendants upon three promissory notes.
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From Klamath: Henry L. Benson, Judge. In Banc. Statement by Mr. Chief Justice McBride. This is an action by the Klamath Lumber Company, a corporation, against Stella M. Bamber and F. C. Bamber. Bespondent now moves to dismiss the appeal. Plaintiff, which is a corporation, brought an action against defendants upon three promissory notes. Defendants pleaded in abatement that plaintiff in doing business in the State of Oregon without having complied with Sections 6707 and 6708, L. O. L., by filing the reports and paying the license fees required by the statute. Plaintiff replied, and, upon trial…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. The effect of the order abating the action and awarding costs and disbursements to defendants was to dismiss and terminate the case. Plaintiff could not after such a judgment proceed in the same action by paying up its delinquent fees and making its reports. As used in reference to actions at law, the word “abate” means that the action is utterly dead and cannot be revived except by commencing anew: Bouvier’s Law Diet., tit. “Abatement”; "Words & Phrases, same title.
Plaintiff’s action was terminated by the judgment, and it is eo instante liable to a levy…
2Cited by13 opinions
- Rachel Castner v. First National Bank of Anchorage, Arctic Cold Storage, Inc., and Union Bank of AnchorageCourt of Appeals for the First Circuit · 1960
- Gray v. Central Florida Lumber Co.Supreme Court of Florida · 1932
- Doherty v. Harris Pine Mills, Inc.Oregon Supreme Court · 1957
- Jarvis v. Chapman Properties, Inc.Supreme Court of Florida · 1933
- State Ex Rel. Meloy v. BargerIndiana Supreme Court · 1949
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