Simon v. Trummer
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Chief Justice Moore. This appeal originated in two actions instituted by G. Simon against L. Trummer and his sureties, the United States Fidelity and Guaranty Company, a corporation, to recover damages for breaches of injunction bonds.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Chief Justice Moore. This appeal originated in two actions instituted by G. Simon against L. Trummer and his sureties, the United States Fidelity and Guaranty Company, a corporation, to recover damages for breaches of injunction bonds. The complaint in one case alleged in effect: (1) That the owner of certain real property in Portland executed a written lease thereof for four years to plaintiff, who at the commencement of the term, August 1, 1905, and continuously thereafter during that period, was entitled to the use of the land; (2)…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. It is contended that the conclusion of law is not deducible from the findings of fact, and hence the judgment given is erroneous. It is argued that plaintiff was the trustee of an express trust and authorized to maintain the actions without joining with him M. A. Gunst & Co., *157or averring in the complaints that he prosecuted the causes for its use and benefit.
Our statute demands that every action shall be prosecuted in the name of the real party in interest, except as otherwise provided in Section 29. Section 27, B. & C. Comp. The section thus referred to…
2Cases cited21 opinions
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Felton v. SmithIndiana Supreme Court · 1882
- Fisher v. . HallNew York Court of Appeals · 1869
- Spooner v. D., L. & West. RailroadNew York Court of Appeals · 1889
- Western Union Telegraph Co. v. State ex rel. Hammond Elevator Co.Indiana Supreme Court · 1905
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3Cited by9 opinions
- Cockerham v. PottsOregon Supreme Court · 1933
- Triphonoff v. SweeneyOregon Supreme Court · 1913
- Turnis v. BallouSupreme Court of Iowa · 1925
- Pitts v. CraneOregon Supreme Court · 1925
- Camp v. BarberSupreme Court of Vermont · 1913
4 more not listed; retrieve them via the Exa API.