Columbia County v. Consolidated Contract Co.
Oregon Supreme Court
From Columbia: Jambs A. Eakin, Judge. This is an action by Columbia County, a municipal corporation, for the use and benefit of O. B. Bennett, against the Consolidated Contract Company, a corporation, and the New England Casualty Company, a corporation, in which the plaintiff obtained judgment and defendants appeal. Department 2. Statement by Mr. Justice Bean.
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From Columbia: Jambs A. Eakin, Judge. This is an action by Columbia County, a municipal corporation, for the use and benefit of O. B. Bennett, against the Consolidated Contract Company, a corporation, and the New England Casualty Company, a corporation, in which the plaintiff obtained judgment and defendants appeal. Department 2. Statement by Mr. Justice Bean. On March 8, 1914, the Consolidated Contract Company, hereinafter called the Contract Company, entered into a written contract with Columbia County, Oregon, to be designated as the county, to construct that portion of the Columbia…
1Opinion of the CourtJustice Bean
1. The first assignment of error urged by counsel for defendants upon this appeal is the refusal of the trial court to grant a change of venue. The first ground for the motion for such change is that the county is a party to the action and particularly that in the event the defendants were successful it would be liable for costs. The county is a nominal party only and has no real interest in the case but is the trustee for .the real party in interest. In such an instance, in the absence of bad faith, costs should not *257be awarded against a nominal party, but, in tbe event of defeat, against the…
2Cases cited28 opinions
- United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
- Title Guaranty & Trust Co. of Scranton v. Crane Co.Supreme Court of the United States · 1910
- Water Co. v. WareSupreme Court of the United States · 1873
- Bell v. KirklandSupreme Court of Minnesota · 1907
- French v. PowellCalifornia Supreme Court · 1902
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3Cited by22 opinions
- Fitzgerald v. NealOregon Supreme Court · 1924
- State Ex Rel. West Virginia Sand & Gravel Co. v. Royal Indemnity Co.West Virginia Supreme Court · 1925
- Multnomah County v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1918
- Pankey v. National Surety Co.Oregon Supreme Court · 1925
- Widmer Et Ux. v. LeffelmanOregon Supreme Court · 1949
17 more not listed; retrieve them via the Exa API.