Van Auken v. Dammeier
Oregon Supreme Court
Appeal from Multnomah: Loyal B. Stearns,- Judge. This is a suit in equity in which twelve persons join as plaintiffs against Dammeier and Coulter to recover on an alleged contract by which the defendants agreed to assume and pay to each plaintiff the amount of money advanced by him for the purpose of developing and prospecting a certain mine, under the following circumstances, as alleged in the complaint: On the fourteenth of October, eighteen hundred and eighty-nine, one J.…
Read the full summary
Appeal from Multnomah: Loyal B. Stearns,- Judge. This is a suit in equity in which twelve persons join as plaintiffs against Dammeier and Coulter to recover on an alleged contract by which the defendants agreed to assume and pay to each plaintiff the amount of money advanced by him for the purpose of developing and prospecting a certain mine, under the following circumstances, as alleged in the complaint: On the fourteenth of October, eighteen hundred and eighty-nine, one J. H. Fisk, who had an option to purchase the “Great Blue Gravel Mine,” in the State of Washington, divided such option…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. The plaintiffs move to dismiss the appeal for the reason that .on August seventh, eighteen hundred and ninety-four, defendants served a notice of appeal, and on the fourteenth day of the same month filed an undertaking with one Coulter as surety. Within the time allowed by law the plaintiffs excepted to the sufficiency of the surety, and the defendants, instead of producing him for justification, abandoned the attempted appeal, and served a new notice and gave a new undertaking before the time for an appeal had expired. These facts bring the case squarely…
2Cases cited3 opinions
- Butrick v. TiltonMassachusetts Supreme Judicial Court · 1886
- Holladay v. ElliottOregon Supreme Court · 1879
- Fellows v. SpauldingMassachusetts Supreme Judicial Court · 1886
3Cited by14 opinions
- State v. RosserOregon Supreme Court · 1939
- Skinner's WillOregon Supreme Court · 1902
- McKinney v. NaybergerOregon Supreme Court · 1931
- Monteith v. Alpha High School DistrictNebraska Supreme Court · 1933
- Montgomery v. HenrySupreme Court of Alabama · 1905
9 more not listed; retrieve them via the Exa API.