Alder Slope Ditch Co. v. Moonshine Ditch Co.
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. In Banc. This is a contest over water rights in connection with the adjudication of the waters of Hurricane Creek, a tributary of the Wallowa Biver. The facts are in the main stipulated between the parties. On the 28th of November, 1901, three persons met for the purpose of organizing the Moonshine Ditch Company as a corporation.
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From Wallowa: John W. Knowles, Judge. In Banc. This is a contest over water rights in connection with the adjudication of the waters of Hurricane Creek, a tributary of the Wallowa Biver. The facts are in the main stipulated between the parties. On the 28th of November, 1901, three persons met for the purpose of organizing the Moonshine Ditch Company as a corporation. On said day they signed articles of incorporation in triplicate, established their main office and filed a copy of said articles with the county clerk of Wallowa County on the twenty-ninth day of November, 1901, and another copy…
1Opinion of the CourtOlson, J.
1. There is but a single point to be decided in this case, viz.: Was the Moonshine Ditch Company sufficiently organized at 8 o’clock on November 30, 1901, to initiate a water right? As to ability to transact business, corporations may be divided into three classes. First, de jure corporations, or those where the organization is entirely and legally perfected. Second, de facto corporations where there has been a bona fide attempt to organize a corporation and a user of corporate powers, but the organization is defective. Third, corporations not sufficiently organized to come within the latter…
2Cases cited5 opinions
- Schreyer v. Turner Flouring Co.Oregon Supreme Court · 1896
- Leavengood v. McGeeOregon Supreme Court · 1907
- Splonskofsky v. MintoOregon Supreme Court · 1912
- Marsters v. Umpqua Oil Co.Oregon Supreme Court · 1907
- Brown v. WebbOregon Supreme Court · 1912
3Cited by10 opinions
- Kosman v. ThompsonSupreme Court of Iowa · 1927
- Northern Pacific Ry. Co. v. John Day Irrigation DistrictOregon Supreme Court · 1923
- Union Central Life Ins. Co. v. KerronOregon Supreme Court · 1928
- Rice v. Sanger BrothersArizona Supreme Court · 1924
- Smith v. HurlburtOregon Supreme Court · 1923
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