Legal Opinion · Dissent

Sutherland v. Wickey

Oregon Supreme Court

Decided December 5, 1929Published

1DissentBean, J.

(dissenting.) After reading the learned opinion of the chief justice, I question the authority of the state court to entertain the jurisdiction in this case. The jurisdiction of the court is challenged by a demurrer to the complaint. A careful reading of the Trading with the Enemy Act, chap. 106, vol. 40, U. S. Statute at Large, page 411, and an examination of the amendments thereto, leads me to believe it was not the intent of congress that the courts of any of the 48 states would exercise jurisdiction in any case where the Alien Property Custodian is a party interested. The statute plainly…

2Cases cited8 opinions

  1. Claflin v. HousemanSupreme Court of the United States · 1876
  2. Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
  3. McKay v. KalytonSupreme Court of the United States · 1907
  4. United States v. Chemical Foundation, Inc.District Court, D. Delaware · 1924
  5. Kamboris v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1915

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