Legal Opinion

Campbell's Gas Burner Co. v. Hammer

Oregon Supreme Court

Decided December 21, 1915PublishedCited by 15 opinions

From Multnomah: Bobert G. Morrow, Judge. Statement hy Mr. Chief Justice Moore. This is a suit by Campbell’s Automatic Safety Gas Burner Company, a corporation, against Bertha E. Hammer, Harry G. Mourer, Jesse C. Luker, A. A. Cunningham, as trustee of Henry G. Sonnemann et al., bankrupts, John B. Coffey, County Clerk, T. M. Hurlburt, Sheriff, and Bobert J. Upton, to enjoin the issuing of an execution, to restrain a levy thereunder, and to compel the cancellation of a…

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From Multnomah: Bobert G. Morrow, Judge. Statement hy Mr. Chief Justice Moore. This is a suit by Campbell’s Automatic Safety Gas Burner Company, a corporation, against Bertha E. Hammer, Harry G. Mourer, Jesse C. Luker, A. A. Cunningham, as trustee of Henry G. Sonnemann et al., bankrupts, John B. Coffey, County Clerk, T. M. Hurlburt, Sheriff, and Bobert J. Upton, to enjoin the issuing of an execution, to restrain a levy thereunder, and to compel the cancellation of a judgment. The cause, being at issue, was tried upon a stipulation of facts to the effect: That on October 26, 1909, a written…

1Opinion of the Court

*617Opinion by

Mr. Chief Justice Moore.

1. The important question to be considered is whether or not the failure of the gas company to allege in its answer, in the law action to recover commissions, the settlements made with Harry G. Mourer and Jesse C. Luker, which compromises were consummated before that plea was interposed, precludes the gas company from maintaining this suit. The rule of res judicata, which was designed to promote the peace of society, allows to each party a day in court, and demands that in the trial of issues between the same parties all matters of judicial controversy shall…

2Cases cited27 opinions

  1. Morrill v. MorrillOregon Supreme Court · 1890
  2. White v. LaddOregon Supreme Court · 1902
  3. Hall v. DunnOregon Supreme Court · 1908
  4. Ruckman v. Union Railway Co.Oregon Supreme Court · 1904
  5. South Portland Land Co. v. MungerOregon Supreme Court · 1900

22 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Johnston-Crews Co. v. FolkSupreme Court of South Carolina · 1922
  2. Elliott v. Murphy Timber Co.Oregon Supreme Court · 1926
  3. McKee v. Capitol Dairies, Inc.Oregon Supreme Court · 1940
  4. First Nat. Bank of Burns v. BucklandOregon Supreme Court · 1929
  5. Dean Vincent, Inc. v. Russell's Realty, Inc.Oregon Supreme Court · 1974

10 more not listed; retrieve them via the Exa API.

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