Tongue v. State Board of Agriculture
Oregon Supreme Court
From Marion: George H. Burnett, Judge. This is an action by E. B. Tongue against the State Board of Agriculture of the State of Oregon to recover the premium offered as a purse and earned by the plaintiff in a certain trial for speed at the State Fair during the year 1904. The defendant filed a demurrer to the complaint which was sustained! and from the order rendered thereon dismissing the complaint, plaintiff appeals.
1Opinion of the CourtJustice Eakin
This is an action to recover the purse or premium offered and alleged to have been earned by the plaintiff upon a race at the state fair on September 14, 1904. The defendant demurred to the complaint for the reasons that it does not state facts sufficient to constitute a cause of action, and that defendant is not suable at law. The demurrer was sustained, and judgment rendered for defendant, and plaintiff appeals.
1. Whether an action can be maintained against the defendant must be determined from the character and extent of its powers, as disclosed by the statute of its creation. An act of…
2Cases cited4 opinions
- Capital Lumbering Co. v. LearnedOregon Supreme Court · 1899
- Long Creek Building Ass'n v. State InsuranceOregon Supreme Court · 1896
- Fisk v. HenarieOregon Supreme Court · 1886
- Griffin v. PitmanOregon Supreme Court · 1880
3Cited by5 opinions
- Butterfield v. State Industrial Accident CommissionOregon Supreme Court · 1924
- Sprague v. StraubOregon Supreme Court · 1969
- Morrison v. FisherWisconsin Supreme Court · 1915
- Crete Mills v. Nebraska State Board of AgricultureNebraska Supreme Court · 1937
- Black v. North Dakota State Fair Ass'nNorth Dakota Supreme Court · 1917