Ming Yue v. Coos Bay Railroad
Oregon Supreme Court
Coos County: Martin L. Pipes, Judge. Suit by Ming Yue, Ah Mung, and Ang Ark, partners as Kwong Lee Kee & Co., having their place of business in San Francisco, California, to foreclose an alleged lien on the railroad of the Coos Bay, Roseburg, and Eastern Railroad and Navigation Company. Defendant had a decree on demurrer to the complaint, and plaintiffs appeal.
1Opinion of the CourtChief Justice Loed
This is a suit in equity to foreclose a mechanics’ lien for labor furnished and performed in the construction of the defendant’s railroad. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of suit, which demurrer the court sustained, and, the plaintiffs refusing to further plead, rendered judgment dismissing the complaint, from which judgment this appeal is taken.
The contention for the plaintiffs is, that even if the complaint fails to set out a case for equitable cognizance, it sufficiently states a cause of action for the…
2Cases cited3 opinions
- Watson v. SutherlandSupreme Court of the United States · 1867
- Phipps v. KellyOregon Supreme Court · 1885
- Beacannon v. LiebeOregon Supreme Court · 1884
3Cited by18 opinions
- State v. LordOregon Supreme Court · 1896
- Ward v. TOWN TAVERNOregon Supreme Court · 1951
- Allen v. ElwertOregon Supreme Court · 1896
- Van De Wiele v. GarbadeOregon Supreme Court · 1912
- Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1909
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