Moss Mercantile Co. v. First Nat. Bank
Oregon Supreme Court
From Malheur: George E. Davis, Judge. Statement by Mr. Justioe BeaN. This is a suit by the Moss Mercantile Co. against the First National Bank of Payette, Idaho, to restrain the prosecution of an action at law brought by the defendant bank against William Miller to recover money collected by him on a judgment in favor of Helmick and against Porter.
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From Malheur: George E. Davis, Judge. Statement by Mr. Justioe BeaN. This is a suit by the Moss Mercantile Co. against the First National Bank of Payette, Idaho, to restrain the prosecution of an action at law brought by the defendant bank against William Miller to recover money collected by him on a judgment in favor of Helmick and against Porter. The facts, as they appear from the record, are substantially that in April, 1903, Helmick recovered a judgment against Porter for $2,930.22. Miller was the attorney for Helmick in such action, and knew that plaintiff had or claimed an interest in…
1Opinion of the CourtJustice BeaN
It is difficult to understand upon what theory plaintiff can maintain this suit. The right of a court of equity to enjoin an action at law, either by an original suit, or a complaint in the nature of a cross-bill, when the defense is purely of equitable cognizance, or the complainant cannot have full relief at law, is an old and familiar head of equity jurisprudence. The books are full of cases of that kind, but usually the suit is brought by the defendant in the law action, and not by a stranger to the proceedings, unless the cause of suit arises out of some relationship of the plaintiff in…
2Cases cited5 opinions
- Western Transportation Co. v. . BarberNew York Court of Appeals · 1874
- Burton v. WilkinsonSupreme Court of Vermont · 1846
- Ferguson v. FiskSupreme Court of Connecticut · 1859
- Peck v. WallaceSupreme Court of Alabama · 1851
- Peyser v. WilcoxNew York Court of Common Pleas · 1882
3Cited by6 opinions
- Stephenson v. GoldenMichigan Supreme Court · 1937
- Memphis & Arkansas River Packet Co. v. AgnewTennessee Supreme Court · 1915
- King v. MillerOregon Supreme Court · 1908
- Tillman v. BungenstockMissouri Court of Appeals · 1914
- First National Bank v. MillerOregon Supreme Court · 1906
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