Breese v. Bramwell
Oregon Supreme Court
Prom Crook: T. E. J. Duffy, Judge. In Banc. This is a suit in which the complaint is in substance that the defendant Bramwell as superintendent of banks has taken charge of the Crook County Bank, the same being insolvent; that during the process of liquidation he has deposited the funds of the Crook County Bank with the Bank of Prineville and has drawn a check on the latter bank in payment of a claim of French & Go. against the insolvent bank, without an order of the Circuit…
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Prom Crook: T. E. J. Duffy, Judge. In Banc. This is a suit in which the complaint is in substance that the defendant Bramwell as superintendent of banks has taken charge of the Crook County Bank, the same being insolvent; that during the process of liquidation he has deposited the funds of the Crook County Bank with the Bank of Prineville and has drawn a check on the latter bank in payment of a claim of French & Go. against the insolvent bank, without an order of the Circuit Court; that the payment of the check will disturb the pro rata distribution of the funds of the insolvent bank,…
1Opinion of the CourtBurnett, C. J.
1. An injunction may be allowed by the court or judge thereof at any time after the commencement of the suit and before decree: Or. L., § 417. Under Section 51, Or. L., made applicable to suits in equity by Section 395, Or. L., a suit is commenced by filing a complaint with the clerk, and at any time after suit is commenced the plaintiff may cause a summons to be served on the defendant. The objection that the injunction was granted before summons was served is clearly without foundation. Under the sections quoted, an injunction may be issued even before the service of summons.
2, 3. Moreover,…
2Cases cited1 opinion
- Oregon R. & Nav. Co. v. TaffeOregon Supreme Court · 1913
3Cited by4 opinions
- STATE EX REL. PACIFIC TELEPHONE AND TELEGRAPH CO. v. DuncanOregon Supreme Court · 1951
- Forte v. PageOregon Supreme Court · 1943
- In re the Custody of DuncanCourt of Appeals of Oregon · 2000
- Widing v. ESTATE OF WIDINGCourt of Appeals of Oregon · 1997