Saylor v. Commonwealth Banking Co.
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. This is a suit by B. F. Saylor, an alleged creditor of the Commonwealth Investment & Banking Company, a corporation, against its stockholders, to subject the amount remaining unpaid on their subscriptions to the capital stock to the payment of his judgment.
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From Multnomah: Alfred F. Sears, Jr., Judge. This is a suit by B. F. Saylor, an alleged creditor of the Commonwealth Investment & Banking Company, a corporation, against its stockholders, to subject the amount remaining unpaid on their subscriptions to the capital stock to the payment of his judgment. The facts, in brief, are that some time prior to the first day of April, 1892, the Commonwealth Investment & Banking Company was organized, with Eugene D. White as president and J. P. Marshall as secretary, and a board of thirteen directors. On April 1, 1892, White, as president, and Marshall,…
1Opinion of the CourtChief Justice Bean
1. It is insisted that the answer of Sliter and others, denominated a “plea in abatement,” was in fact a plea to the merits, and that the court erred in allowing the defendants to further plead after the issues made thereby were determined against them. The pleading seems to have been treated by the court and parties until after the trial as a plea in abatement, and, whether properly so or not, we think it quite clear that it was within the discretion of the trial court to permit the defendants to further answer after it had been disposed of: Talbot v. Garretson, 31 Or. 256 (49 Pac. 978).
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2Cases cited9 opinions
- Richardson's v. GreenSupreme Court of the United States · 1890
- Morrill v. MorrillOregon Supreme Court · 1890
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862
- Smith v. Los Angeles Immigration & Land Co-operative Ass'nCalifornia Supreme Court · 1889
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3Cited by10 opinions
- McBryan v. Universal Elevator Co.Michigan Supreme Court · 1902
- May v. RobertsOregon Supreme Court · 1929
- Bandy v. Norris, Beggs & SimpsonOregon Supreme Court · 1960
- La Grande v. Portland Public MarketOregon Supreme Court · 1911
- Robinson v. PhegleyOregon Supreme Court · 1917
5 more not listed; retrieve them via the Exa API.