State v. First Nat. Bank
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice McBride. This is a proceeding to escheat to the State certain unclaimed bank deposits, begun in accordance with Sections 7378, 7379 and 7380, which are as follows: “Section 7378. The cashier or secretary of every bank, savings bank, savings and loan society, and every institution in which deposits of money are made, shall within .fifteen days after the first day of July in the year 1907, and within fifteen…
Read the full summary
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice McBride. This is a proceeding to escheat to the State certain unclaimed bank deposits, begun in accordance with Sections 7378, 7379 and 7380, which are as follows: “Section 7378. The cashier or secretary of every bank, savings bank, savings and loan society, and every institution in which deposits of money are made, shall within .fifteen days after the first day of July in the year 1907, and within fifteen days after the first day of July of each and every second succeeding year thereafter, return to the Secretary of State…
1Opinion of the CourtJustice McBride
1-3. The decision of the question litigated must turn upon the constitutional right of the legislature to enact the statute above quoted. It is contended, first, that the statute invades the jurisdiction of the probate courts *555to administer upon the estates of decedents, which jurisdiction, as we have often held, is primary and exclusive. State v. McDonald, 55 Or. 419 (103 Pac. 512: 104 Pac. 967: 106 Pac. 444). But the proceeding in question, while in the nature of an escheat proceeding, does not assume the death of a depositor, and is in no way an attempt to administer upon his estate. In…
2Cases cited12 opinions
- National Bank v. CommonwealthSupreme Court of the United States · 1870
- Guthrie v. HarknessSupreme Court of the United States · 1905
- McClellan v. ChipmanSupreme Court of the United States · 1896
- Cunnius v. Reading School DistrictSupreme Court of the United States · 1905
- Waite v. DowleySupreme Court of the United States · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cuomo v. Clearing House Ass'n, LLCSupreme Court of the United States · 2009
- Best v. United States National BankOregon Supreme Court · 1987
- Clovis National Bank v. CallawayNew Mexico Supreme Court · 1961
- Insurance Commissioner v. Blue Shield of Maryland, Inc.Court of Appeals of Maryland · 1983
- Brooklyn Borough Gas Co. v. Bennett, New York County Courts1935
9 more not listed; retrieve them via the Exa API.