United States v. McCann
Oregon Supreme Court
From Clatsop: Thomas A. McBride, Judge. This is an action brought in the name of the United States, for the use and benefit of the Clatsop Mill Company, to recover a balance alleged to be due the mill company for lumber furnished to defendants Bulger & McCann, who, as contractors, did some work for the United States at the buoy depot near Astoria.
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From Clatsop: Thomas A. McBride, Judge. This is an action brought in the name of the United States, for the use and benefit of the Clatsop Mill Company, to recover a balance alleged to be due the mill company for lumber furnished to defendants Bulger & McCann, who, as contractors, did some work for the United States at the buoy depot near Astoria. The action is upon a bond executed under and in pursuance of the act of congress approved August 13, 1894 (28 Stat. c. 280, p. 278), which provides that “any person or persons entering into a formal contract with the United States for the…
1Opinion of the Court
Mr. Chiee Justice Bean,
after stating the facts, delivered the opinion of the court.
1. It is insisted by the defendants that the complaint does not state a cause of action, because it shows on its face that the United States has no interest in the subject-matter of the litigation, or in the amount sought to be recovered, and that the action should have been brought in the name of and by the Clatsop Mill Company, the real party in interest. The statute provides that ‘ ‘ every action shall be prosecuted in the name of the real party in interest, ’ ’ except that ‘ ‘ an executor or administrator,…
2Cases cited8 opinions
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- The People v. . NortonNew York Court of Appeals · 1853
- United States ex rel. Edward Hines Lumber Co. v. HenderlongU.S. Circuit Court for the District of Indiana · 1900
- DuBois v. PerkinsOregon Supreme Court · 1891
- Hexter v. SchneiderOregon Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. PallayOregon Supreme Court · 1929
- Montgomery v. SomersOregon Supreme Court · 1907
- Pacific Livestock Co. v. MurrayOregon Supreme Court · 1904
- Pacific Ry. & Nav. Co. v. Elmore Packing Co.Oregon Supreme Court · 1912
- Simon v. TrummerOregon Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.