Kiernan v. City of Portland
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. This is a suit by Frank Kiernan against the city of Portland, a municipal corporation, Joseph Simon, Mayor, A. L. Barbur, Auditor, and Ladd & Tilton Bank, a corporation. From a decree in favor of defendants plaintiff appeals.
1Opinion of the CourtJustice McBride
With the exception hereafter noted, every substantial element in the complaint in this case was considered, passed upon, and settled in Kiernan v. Portland, 57 Or. 454 (111 Pac. B79: 112 Pac. 402), and in view of those decisons no substantial right of plaintiff was affected by the refusal of the court to again consider questions which already had been passed upon.
1. In matters of the character of the present litigation, where the rights of the whole public are concerned, this court, in any event, would have taken judicial notice of its opinion in the former case and declined to re-examine…
2Cases cited8 opinions
- Yesler v. City of SeattleWashington Supreme Court · 1890
- City of Austin v. NalleTexas Supreme Court · 1893
- Kiernan v. PortlandOregon Supreme Court · 1910
- City of Lynchburg v. SlaughterSupreme Court of Virginia · 1880
- City of Atchison v. ButcherSupreme Court of Kansas · 1865
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3Cited by6 opinions
- Paine v. Port of SeattleWashington Supreme Court · 1912
- Johnson v. CRADDOCKOregon Supreme Court · 1961
- Golden Gate Bridge & Highway District v. FilmerCalifornia Supreme Court · 1933
- Hattrem-Nelson & Co. v. Salmon River-Grande Ronde Highway Improvement Dist.Oregon Supreme Court · 1929
- Rowland v. DeckSupreme Court of Kansas · 1921
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