Legal Opinion

Dryden v. Daly

Oregon Supreme Court

Decided June 25, 1918PublishedCited by 5 opinions

From Multiiomah: Calvin U. Gantenbein, Judge. Department 1. On the petition of the plaintiff the Circuit Court of Multnomah County issued an alternative writ of mandamus to the defendant Daly as Commissioner of Public Utilities, and Franchises of the City of Portland, to L. S. Kaiser as superintendent and to E. J. Gray as general foreman of the Water Department of that municipality.

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From Multiiomah: Calvin U. Gantenbein, Judge. Department 1. On the petition of the plaintiff the Circuit Court of Multnomah County issued an alternative writ of mandamus to the defendant Daly as Commissioner of Public Utilities, and Franchises of the City of Portland, to L. S. Kaiser as superintendent and to E. J. Gray as general foreman of the Water Department of that municipality. The document recites the municipal character of the city, the official tenure of Daly, and states that Kaiser as superintendent and Gray as general foreman of the Water Department are both subordinate to and under…

1Opinion of the Court

BURNETT, J. —

There is no cause of action stated against either Kaiser or Gray. It is charged that they were subordinates of Daly and there is nothing to show in any respect that they had any authority to employ or discharge the plaintiff or to exercise *223any discretion or'control in respect to him. As to them, the writ might as well have been issued to any other employee of the city.

1. It is a principle of pleading that the pleader should state facts rather than conclusions of law. Litigation may be likened to a syllogism wherein the major premise is the law of the land which need not be stated…

2Cases cited32 opinions

  1. O'Hara v. ParkerOregon Supreme Court · 1895
  2. Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
  3. Gibson v. KayOregon Supreme Court · 1914
  4. State v. Malheur County CourtOregon Supreme Court · 1905
  5. McDaniel v. ChiaramonteOregon Supreme Court · 1912

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

3Cited by5 opinions

  1. Fulton Insurance Co. v. White Motor Corp.Oregon Supreme Court · 1972
  2. Crawley v. MunsonOregon Supreme Court · 1929
  3. Burke ex rel. Burke v. BeveridgeOregon Supreme Court · 1924
  4. Dunn v. GrayOregon Supreme Court · 1964
  5. Fulton Insurance Co. v. White Motor Corp.Oregon Supreme Court · 1972

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