Currie v. Southern Pacific Co.
Oregon Supreme Court
Defendant appeals. This action was commenced in a justice’s court. The material parts of the complaint are as follows: “ That at all times hereinafter mentioned defendant was and now is a corporation duly incorporated under the laws of the state of Kentucky; that at all the times hereinafter mentioned defendant was engaged in operating, running, and conducting a railroad, running north and south through Linn county, Oregon, and known as the Southern Pacific Company; that on…
Read the full summary
Defendant appeals. This action was commenced in a justice’s court. The material parts of the complaint are as follows: “ That at all times hereinafter mentioned defendant was and now is a corporation duly incorporated under the laws of the state of Kentucky; that at all the times hereinafter mentioned defendant was engaged in operating, running, and conducting a railroad, running north and south through Linn county, Oregon, and known as the Southern Pacific Company; that on the eighth day of March, 1891, the plaintiff was the owner of one bay work horse, six; years old, of the value of one…
1Opinion of the CourtStrahan, C. J.
The first question to be determined is whether or not the circuit court had the power to permit a reply to be made in that court for the first time. If such power exist, it must be found in the justice’s code and not elsewhere. (Odell v. Gotfrey, 13 Or. 466.) But we must first determine what constitutes the justice’s code.
*570The acts of the legislature of 1885, 136, contain what purports to be a law enacted at that session. It is entitled “An act to further simplify proceedings in justice’s courts, and to repeal chapter IV of the justice’s code, being part of an act entitled ‘An act to regulate…
2Cases cited5 opinions
- State ex rel. George v. SwiftNevada Supreme Court · 1875
- People ex rel. Barnes v. StarneIllinois Supreme Court · 1864
- Moses v. Southern Pacific RailroadOregon Supreme Court · 1890
- Odell v. GotfreyOregon Supreme Court · 1886
- Jones v. JonesSupreme Court of Pennsylvania · 1849
3Cited by18 opinions
- Boyd v. OlcottOregon Supreme Court · 1921
- Portland v. YickOregon Supreme Court · 1904
- Currie v. Southern Pacific Co.Oregon Supreme Court · 1893
- State v. RogersOregon Supreme Court · 1892
- State v. Pacific Live Stock Co.Oregon Supreme Court · 1919
13 more not listed; retrieve them via the Exa API.