Kane v. Rippey
Oregon Supreme Court
Jackson county: L. R. Webster, Judge. Plaintiff appeals. This is the second appeal in this cause. On the first, the opinion of the court is reported ante, 296, to which reference is made for a statement of the pleadings. The cause was re-tried in the court below without a jury and again resulted in a judgment for the defendants, from which this appeal was taken.
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Jackson county: L. R. Webster, Judge. Plaintiff appeals. This is the second appeal in this cause. On the first, the opinion of the court is reported ante, 296, to which reference is made for a statement of the pleadings. The cause was re-tried in the court below without a jury and again resulted in a judgment for the defendants, from which this appeal was taken. Upon the second trial, the court found the facts as follows: “ On the seventeenth day of April, 1889, the defendants were the owners of certain land near Central Point, Oregon, which they had purchased from John Watson and Phoebe H.…
1Opinion of the Court
Strahan, C.
Upon a second appeal, the opinion of the court upon the former appeal, so far as the same facts appear, becomes the law of the case and governs and controls the parties and the court in every subsequent step in the cause. (Powell v. D. S. & G. R. R. Co. 14 Or. 22; Bloomfield v. Buchanan, 14 Or. 181; Budd v. Multnomah St. Ry. Co. 15 Or. 404; Thompson v. Hawley, 16 Or. 251.) When this case was formerly before us, the court, per Lord, J., said: “The plaintiff was not endeavoring to show that the abstract conveyed title, but that the abstract of such title furnished the plaintiff by…
2Cases cited4 opinions
- Powell v. D. S. & G. R. R.Oregon Supreme Court · 1886
- Thompson v. HawleyOregon Supreme Court · 1888
- Bloomfield v. BuchananOregon Supreme Court · 1886
- Budd v. Multnomah Street Railway Co.Oregon Supreme Court · 1887
3Cited by11 opinions
- Simmons v. Washington Fidelity National InsuranceOregon Supreme Court · 1932
- National Bank of Commerce v. United StatesCourt of Appeals for the Ninth Circuit · 1915
- Reed v. HollisterOregon Supreme Court · 1923
- Kane v. RippeyOregon Supreme Court · 1893
- Henderson v. ReynoldsOregon Supreme Court · 1910
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