Stuart v. Camp Carson Mining Co.
Oregon Supreme Court
From Union: John W. Knowles, Judge. This is a suit by E. J. Stuart against the Camp Carson Mining & Power Company, a private corporation, and others, to foreclose liens upon mining property of the defendant company. From a decree allowing a portion of plaintiff’s demand, the mining company and Turner Oliver have appealed. In Banc. Statement by Mr. Justice Burnett.
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From Union: John W. Knowles, Judge. This is a suit by E. J. Stuart against the Camp Carson Mining & Power Company, a private corporation, and others, to foreclose liens upon mining property of the defendant company. From a decree allowing a portion of plaintiff’s demand, the mining company and Turner Oliver have appealed. In Banc. Statement by Mr. Justice Burnett. The Camp Carson Mining & Power Company is a corporation said to have conducted a general mining and sawmill business on about 1,440 acres of unpatented placer mining ground in Union County, owning and possessing certain buildings…
1Opinion of the CourtJustice Burnett
1. The defendants assign as error the overruling of their demurrer to the original complaint and the action of "the court in permitting the plaintiff to amend after the cause was submitted. Conceding that the original complaint was demurrable because it stated mere conclusions of law about the making and filing of the notice of lien, yet we may set it down as a defective statement of a cause of suit which might be aided by amendment. The matter in hand is not like Golden Rod Milling Co. v. Connell, 84 Or. 551 (164 Pac. 588), where we held that even in an equity suit the plaintiff had no right…
2Cases cited17 opinions
- Osborn v. LogusOregon Supreme Court · 1894
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Mee v. BenedictMichigan Supreme Court · 1893
- Harmon v. DeckerOregon Supreme Court · 1902
- McGee v. BeckleyOregon Supreme Court · 1909
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3Cited by3 opinions
- Radtke v. TaylorOregon Supreme Court · 1922
- Paulson v. HurlburtOregon Supreme Court · 1919
- Gyllenberg v. HerizaOregon Supreme Court · 1928