Dippold v. Cathlamet Timber Co.
Oregon Supreme Court
From Multnomah: Calvin U. Cantenbein, Judge. Department 2. This is an action prosecuted for the purpose of recovering damages emanating out of injuries by fire to certain property situated in Wahkiakum County, Washington, near the town of Cathlamet.
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From Multnomah: Calvin U. Cantenbein, Judge. Department 2. This is an action prosecuted for the purpose of recovering damages emanating out of injuries by fire to certain property situated in Wahkiakum County, Washington, near the town of Cathlamet. The character of the property injured, the nature of the damages, the cause of the fire, the loss sustained, by reason thereof, as claimed by the plaintiffs, is told in the following paragraphs of their complaint of record: “That the plaintiffs, on the 16th day of April, 1917, entered into a contract with Bertha E. Martin for the purchase of the…
1Opinion of the CourtBrown, J.
1. What assignments' of error, if any, we shall here consider and decide, depends upon onr determination of the question of jurisdiction.
“When a court'has determined that it has no jurisdiction of the subject matter of an action, it cannot properly consider any other question raised in the case”: 17 Stand. Proc. 657.
This court, speaking through Justice Bonham, in the early case of Evans v. Christian, 4 Or. 375, 377, said:
“When a question of jurisdiction presents itself in any stage of a proceeding, and it is discovered that the court has no jurisdiction, either over the parties or the subject…
2Cases cited42 opinions
- The Fair v. Kohler Die & Specialty Co.Supreme Court of the United States · 1913
- Defiance Water Co. v. DefianceSupreme Court of the United States · 1903
- Geneva Furniture Manufacturing Co. v. S. Karpen & Bros.Supreme Court of the United States · 1915
- In re Estate of JamesCalifornia Supreme Court · 1893
- White v. LaddOregon Supreme Court · 1902
37 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- McEwen v. McEwenOregon Supreme Court · 1955
- Dean v. First National BankOregon Supreme Court · 1959
- Wink v. MarshallOregon Supreme Court · 1964
- Owen v. BradleyOregon Supreme Court · 1962
- MacK Trucks, Inc. v. TaylorOregon Supreme Court · 1961
53 more not listed; retrieve them via the Exa API.