Legal Opinion

Brown v. Webb

Oregon Supreme Court

Decided January 23, 1912PublishedCited by 9 opinions

From Marion: George H. Burnett, Judge. Statement by Mr. Justice Bean. This is an action of ejectment by Edna J. Brown, Perry Burch, and C. A. Hicks-Burch, as trustees of Silver Lodge, No. 36, Independent Order of Good Templars, against George A. Webb and Elizabeth Webb. The cause was tried before a jury, and from a judgment of involuntary nonsuit plaintiffs appeal.

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From Marion: George H. Burnett, Judge. Statement by Mr. Justice Bean. This is an action of ejectment by Edna J. Brown, Perry Burch, and C. A. Hicks-Burch, as trustees of Silver Lodge, No. 36, Independent Order of Good Templars, against George A. Webb and Elizabeth Webb. The cause was tried before a jury, and from a judgment of involuntary nonsuit plaintiffs appeal. It is alleged on the part of plaintiffs that during all the times mentioned in the complaint Silver Lodge, No. 36, Independent Order of Good Templars, was and is a benevolent society, organized and existing under and by virtue of…

1Opinion of the CourtJustice Bean

1. These questions are so blended that they may be considered together. For the purpose of establishing the existence of a corporation de facto, parol evidence tending to show that, after an attempt to organize an association by the execution of articles of incorporation, the associates held meetings and did business in a corporate capacity, is admissible without producing the corporate records or accounting for their loss, when such evidence does not purport to give the contents of corporate records or documents. Johnson v. Okerstrom, 70 Minn. 303, 308 (73 N. W. 147); Leavengood v. McGee, 50…

2Cases cited15 opinions

  1. Methodist Episcopal Union Church v. . PickettNew York Court of Appeals · 1859
  2. In re John's WillOregon Supreme Court · 1896
  3. Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1891
  4. Finnegan v. NoerenbergSupreme Court of Minnesota · 1893
  5. In re Estate of BeardWyoming Supreme Court · 1897

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3Cited by9 opinions

  1. Northern Pacific Ry. Co. v. John Day Irrigation DistrictOregon Supreme Court · 1923
  2. Alder Slope Ditch Co. v. Moonshine Ditch Co.Oregon Supreme Court · 1918
  3. Deschutes Co. v. LaraOregon Supreme Court · 1928
  4. Industrial Bldg. & Loan Ass'n v. WilliamsSupreme Court of Oklahoma · 1928
  5. Good Samaritan Hospital & Medical Center v. United States National BankOregon Supreme Court · 1967

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