Dimick v. Latourette
Oregon Supreme Court
From Clackamas: James A. Eakin, Judge. Statement by Me. Justice Bubnett. This is a suit instituted by Grant B. Dimick against M. D. Latourette, treasurer o£ Oregon City, Oregon, E. L. Shaw and Oregon City, a municipal corporation, to enjoin tbat officer from paying certain city warrants, on tbe ground tbat they were unlawfully issued upon a baseless claim against tbe city. A preliminary injunction was issued in tbe case.
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From Clackamas: James A. Eakin, Judge. Statement by Me. Justice Bubnett. This is a suit instituted by Grant B. Dimick against M. D. Latourette, treasurer o£ Oregon City, Oregon, E. L. Shaw and Oregon City, a municipal corporation, to enjoin tbat officer from paying certain city warrants, on tbe ground tbat they were unlawfully issued upon a baseless claim against tbe city. A preliminary injunction was issued in tbe case. Tbe answer traversed the allegations of tbe complaint in material particulars, and alleged new matter which in turn was denied by tbe reply. Upon full bearing of tbe suit on…
1Opinion of the CourtJustice Burnett
1. The granting of the preliminary injunction was merely ancillary to the suit. Without the existence of a suit the injunction would not have been issued, and when the suit falls, with it perishes its appanage, the preliminary injunction. The temporary restraining order of the court thus became functus officii, and had spent its force: Thomsen v. McCormick, 136 Ill. 135 (26 N. E. 373). This doctrine is supported by analogy by Livesley v. Krebs Hop Co., 57 Or. 352 (97 Pac. 718, 107 Pac. 460, 112 Pac. 1), holding that this court has authority to issue an injunction in aid of its jurisdiction to…
2Cases cited7 opinions
- Livesley v. Krebs Hop Co.Oregon Supreme Court · 1910
- State v. JuryOregon Supreme Court · 1900
- Thomsen v. McCormickIllinois Supreme Court · 1891
- Eilers Piano House v. PickOregon Supreme Court · 1911
- Lewis v. Town of North KingstownSupreme Court of Rhode Island · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Oregon State Grange v. McKayOregon Supreme Court · 1951
- Oregon-Wash. R. & N. Co. v. School Dist. No. 25Oregon Supreme Court · 1918
- Linklater v. NybergOregon Supreme Court · 1963
- Callbeck v. KellOregon Supreme Court · 1957
- Ranzau v. DavisOregon Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.