Branson v. Oregonian Railway Co.
Oregon Supreme Court
Appeal from Yamhill County. The plaintiffs in the lower court and respondents herein, brought suits -against the Oregonian Railway Company,. Limited, the Oregon Railway Company, Limited, William Reid, Ellis G. Hughes, James B. Montgomery and Joseph Gaston, and the Dayton, Sheridan & Grand Ronde Railway Company, and the Willamette Valley Railroad Company, to enforce payment of certain obligations known in the case as freight receipts, and sought to charge the property of the…
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Appeal from Yamhill County. The plaintiffs in the lower court and respondents herein, brought suits -against the Oregonian Railway Company,. Limited, the Oregon Railway Company, Limited, William Reid, Ellis G. Hughes, James B. Montgomery and Joseph Gaston, and the Dayton, Sheridan & Grand Ronde Railway Company, and the Willamette Valley Railroad Company, to enforce payment of certain obligations known in the case as freight receipts, and sought to charge the property of the D. S. & G. R. R. R. Co. with a trust for the payment of these obligations. Also, to charge the liability on the stock.…
1Opinion of the Court
By the Court,
Watson, 0. J.:
The decision heretofore rendered in this case, (10 Or., 278,) leaves but few questions for determination at the present time. Those still open for investigation will now be examined briefly.
1. The power of the circuit court to allow amendments to the pleadings after the remand of the cause, was the same as it was before the appeal was taken. The remand was ordered that the lower court might exercise this power, and this court had no authority to prescribe the character of the amendments or the terms of their allowance. And we think this view is in full accord with a…
2Cases cited11 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Railroad Co. v. HowardSupreme Court of the United States · 1869
- Williams v. BankheadSupreme Court of the United States · 1874
- Coventry v. BartonNew York Supreme Court · 1819
- Moore v. AppletonSupreme Court of Alabama · 1855
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3Cited by7 opinions
- Sutton v. WeberSupreme Court of Iowa · 1904
- Storey v. StoreyCourt of Appeals for the Seventh Circuit · 1914
- Peterson v. HarvilleDistrict Court, D. Oregon · 1977
- Cox v. Baltimore & Ohio Southwestern RailroadIndiana Supreme Court · 1913
- La Grande v. Portland Public MarketOregon Supreme Court · 1911
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