Columbia River Co. v. Smith
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Department 2. Statement by Mr. Justice Burnett. This is a suit by the Columbia River Company against John A. Smith and Susanna Smith, in which suit the facts are as follows: The defendants in this equity suit began an action in ejectment against the present plaintiff’s tenant to recover the possession of lands in Clatsop County.
Read the full summary
From Clatsop: James A. Eakin, Judge. Department 2. Statement by Mr. Justice Burnett. This is a suit by the Columbia River Company against John A. Smith and Susanna Smith, in which suit the facts are as follows: The defendants in this equity suit began an action in ejectment against the present plaintiff’s tenant to recover the possession of lands in Clatsop County. In due course the company filed its cross-bill in equity, reciting the history of the ejectment action and averring “that heretofore and on January 24, 1910, the said defendant was in possession of and claiming to be the owner of a…
1Opinion of the CourtJustice Burnett
It will be noted that there is no intimation in the cross-bill that the defendants are husband and wife until we come to the prayer where it asks “that a preliminary injunction issue herein, enjoining and restraining the said John Smith and Susanna Smith, his wife, from proceeding further in said action,” and that the decree require “John Smith and Susanna Smith, his wife, to execute and deliver to this plaintiff a good and sufficient deed,” etc. It is manifest from the complaint that the cross-bill relies upon a contract executed by John A. Smith only.
1. The principal contention is that the…
2Cases cited36 opinions
- Carver v. CarverIndiana Supreme Court · 1884
- Asevado v. OrrCalifornia Supreme Court · 1893
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Tebeau v. RidgeSupreme Court of Missouri · 1914
- Smith v. ClarkUtah Supreme Court · 1910
31 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Stringer v. ReedMissouri Court of Appeals · 1976
- Owen v. LeberOregon Supreme Court · 1924
- Houston v. BriggsOregon Supreme Court · 1967
- Eudaly v. Superior Oil Co.Supreme Court of Oklahoma · 1954
- Allen v. AllenSupreme Court of Oklahoma · 1948
1 more not listed; retrieve them via the Exa API.