Legal Opinion

Bailey v. Malheur Irrigation Co.

Oregon Supreme Court

Decided July 10, 1899PublishedCited by 12 opinions

From Harney: Morton D. Clifford, Judge. Bill for an injunction by John T. Bailey against the Malheur and Harney Lake Irrigation Company.

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From Harney: Morton D. Clifford, Judge. Bill for an injunction by John T. Bailey against the Malheur and Harney Lake Irrigation Company. The complaint herein states the following cause of suit: That at all times mentioned the defendant was and is a corporation duly and legally incorporated under the laws of the State of Oregon ; that plaintiff is the owner of certain real property situate in sections 26 and 27, township 26 south, range 31 east of the Willamette Meridian, in Malheur County, Oregon ; that Malheur Lake is a non-navigable body of water situate in said county, and has existed…

1Opinion of the CourtChief Justice Wolverton

1. The suit having been commenced in the county where the cause thereof arose, and service of the summons made on the president of the defendant company in the county where its principal office is located, it is now questioned whether such service out of the former county is authorized. But, if it should be held that such authority exists, then it is insisted that the return of service is insufficient, in that it does not show that the defendant company, or the president upon whom said service was attempted to be made, or other officer or agent thereof, did not reside or have an office in the…

2Cases cited5 opinions

  1. Farrell v. Oregon Gold Co.Oregon Supreme Court · 1897
  2. Holgate v. Oregon Pacific RailroadOregon Supreme Court · 1888
  3. Askren v. SquireOregon Supreme Court · 1896
  4. Frankl v. BaileyOregon Supreme Court · 1897
  5. Caro Bros. v. O. & C. R. R.Oregon Supreme Court · 1883

3Cited by12 opinions

  1. United States v. OregonSupreme Court of the United States · 1935
  2. Rajneesh Foundation International v. McGreerOregon Supreme Court · 1987
  3. Winter v. Union Packing Co.Oregon Supreme Court · 1908
  4. Cunningham v. Klamath Lake R.Oregon Supreme Court · 1909
  5. Hildebrand v. United ArtisansOregon Supreme Court · 1905

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