Salem King's Products Co. v. La Follette
Oregon Supreme Court
From Marion: George G. Bingham, Judge. Department 1. This is an appeal from an order of the Circuit Court granting a preliminary injunction. Salem King’s Products Company, a corporation, began a suit to compel J. W. La Follette specifically to perform a contract for the delivery of loganberries raised by him. La Follette had delivered about half of his 1919 crop to the Equity Queen Canning Company, when the Salem King’s Products Company applied for a preliminary injunction.
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From Marion: George G. Bingham, Judge. Department 1. This is an appeal from an order of the Circuit Court granting a preliminary injunction. Salem King’s Products Company, a corporation, began a suit to compel J. W. La Follette specifically to perform a contract for the delivery of loganberries raised by him. La Follette had delivered about half of his 1919 crop to the Equity Queen Canning Company, when the Salem King’s Products Company applied for a preliminary injunction. After considering affidavits filed by the plaintiff in support of and by the defendant against the application, the…
1Opinion of the CourtHarris, J.
In the opinion rendered by us in State ex rel. Salem King’s Products Co. v. La Follette, ante, p. 1 (196 Pac. 412), we held that the order allowing the preliminary mandatory injunction was absolutely void, for the reason that no undertaking was required of or given by the plaintiff. In the instant appeal La Follette is contending that since the order allowing the preliminary injunction is void it is appealable.
1. The right of appeal exists only when some statute gives it;, and, therefore, a party cannot maintain an appeal unless his cause comes within the embrace of a statute granting the…
2Cases cited38 opinions
- Deering v. QuiveyOregon Supreme Court · 1895
- Macartney v. ShipherdOregon Supreme Court · 1911
- Sturgis v. SturgisOregon Supreme Court · 1908
- Oregon R. & N. Co. v. EastlackOregon Supreme Court · 1909
- City of Portland v. NottinghamOregon Supreme Court · 1911
33 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Spencer v. City of PortlandOregon Supreme Court · 1925
- Moran v. LewisOregon Supreme Court · 1976
- In re Marriage of HenryOregon Supreme Court · 1986
- Lyon v. MazerisOregon Supreme Court · 1942
- Bogh v. BoghOregon Supreme Court · 1949
7 more not listed; retrieve them via the Exa API.