Sweeney v. Jackson County
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. In Bane. This is an appeal by the county of Jackson from a decree entered against it, in favor of the plaintiff John W. Sweeney in the sum of $82,533.20. By the same decree, it is adjudged that the defendant United States National Bank is entitled to a lien on the sum awarded to the plaintiff Sweeney to the amount of $39,996.50. An outline of the facts leading up to the litigation is as follows: The county had sold bonds aggregating…
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From Multnomah: George N. Davis, Judge. In Bane. This is an appeal by the county of Jackson from a decree entered against it, in favor of the plaintiff John W. Sweeney in the sum of $82,533.20. By the same decree, it is adjudged that the defendant United States National Bank is entitled to a lien on the sum awarded to the plaintiff Sweeney to the amount of $39,996.50. An outline of the facts leading up to the litigation is as follows: The county had sold bonds aggregating $500,000 under the provisions of Chapter 103 of the Laws of 1913, for permanent road construction. By Section 24 of that…
1Opinion of the CourtBean, J.
The first question presented for consideration is in regard to the motion to quash, for the reason the suit was commenced in the wrong county. It is evident that the suit is embraced within that portion of Section 396, subdivision 3, L. O. L., which enacts that:
“In all other cases, the suit shall be commenced and tried in the county in which the defendants, or either of them, reside, or may be found at the commencement of the suit.”
The defendant bank is an institution of Multnomah County. This question therefore depends upon whether or not the bank, was a necessary or proper party defendant.…
2Cases cited43 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Chicago, Rock Island & Pacific Railway Co. v. SchwyhartSupreme Court of the United States · 1913
- California v. Southern Pacific Co.Supreme Court of the United States · 1895
- Sweeney v. United StatesSupreme Court of the United States · 1884
- Brill v. . TuttleNew York Court of Appeals · 1880
38 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- City of Portland Ex Rel. Donohue & Fleskes Corp. v. Hoffman Construction Co.Oregon Supreme Court · 1979
- Krieg v. UNION PACIFIC LAND RESOURCES CORPORATIONOregon Supreme Court · 1974
- Lovell v. PottsOregon Supreme Court · 1924
- Johnson v. PrinevilleOregon Supreme Court · 1921
- Seaside, City of v. RandlesOregon Supreme Court · 1919
24 more not listed; retrieve them via the Exa API.