Legal Opinion

Baker v. Williams Banking Co.

Oregon Supreme Court

Decided November 24, 1902PublishedCited by 14 opinions

From Marion: Reuben P. Boise, Judge. On November 14, 1895, tbe Williams & England Banking Company, a corporation engaged in a general banking business at Salem, in this state, suspended payment, and in a suit brought for that purpose a receiver was appointed, with power to convert its assets into cash for the payment of its obligations, and to wind up its affairs.

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From Marion: Reuben P. Boise, Judge. On November 14, 1895, tbe Williams & England Banking Company, a corporation engaged in a general banking business at Salem, in this state, suspended payment, and in a suit brought for that purpose a receiver was appointed, with power to convert its assets into cash for the payment of its obligations, and to wind up its affairs. On January 3,1896, by order of the court, the receiver published a notice to creditors, requiring all persons having claims against the bank to present the same to him, with proper vouchers, within ninety days from the date of such…

1Opinion of the CourtJustice Bean

1. It is pontended by Metschan, Giltner, Odell, and Baker that the order of July 3,1896, allowing their claims against the insolvent estate, and directing the payment of a dividend thereon, is a conclusive adjudication of all questions sought to be litigated on this appeal. It is familiar law that an issue once adjudicated in a court of competent jurisdiction cannot be again litigated between the same parties or privies, and the judgment thereon is conclusive in another action on the same demand, not only as to every matter that was actually litigated, but as to every other question that…

2Cases cited17 opinions

  1. Trustees v. GreenoughSupreme Court of the United States · 1882
  2. Richmond v. IronsSupreme Court of the United States · 1887
  3. Morrill v. MorrillOregon Supreme Court · 1890
  4. Williams v. MorganSupreme Court of the United States · 1884
  5. State v. McFetridgeWisconsin Supreme Court · 1893

12 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. RossOregon Supreme Court · 1909
  2. Lawson v. BakerCourt of Appeals of Texas · 1920
  3. Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
  4. Central Bank & Trust Corp. v. StateSupreme Court of Georgia · 1912
  5. Upham v. BramwellOregon Supreme Court · 1922

9 more not listed; retrieve them via the Exa API.

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