Hafer v. Medford & C. L. R. Co.
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. Statement by Mr. Chief Justice Eakin. Defendants Davis, Adkins, Whitehead, Keene, and Vawter, as promoters and incorporators, incorporated defendant company for the purpose of constructing a railroad from Medford to Crater Lake, in Jackson County, Oregon, with a capital stock of 500,000 shares, of the par value of $1.00 per share.
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From Jackson: Frank M. Calkins, Judge. Statement by Mr. Chief Justice Eakin. Defendants Davis, Adkins, Whitehead, Keene, and Vawter, as promoters and incorporators, incorporated defendant company for the purpose of constructing a railroad from Medford to Crater Lake, in Jackson County, Oregon, with a capital stock of 500,000 shares, of the par value of $1.00 per share. In the complaint it is alleged that the original incorporators issued to themselves, as fully paid, 60 per cent of the stock of the corporation, namely, 260,000 shares, when, in fact, nothing was paid for it, except it was…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1, 2. The rule is that every party to a litigation who is interested in sustaining the judgment or decree appealed *357from is an adverse party, and must be served with notice: Moody v. Miller, 24 Or. 179 (33 Pac. 402). A party to a judgment must be one who was made a party at the commencement of the case, or brought in thereafter by order of the court, or became a party in some manner recognized by law: Medynski v. Theiss, 36 Or. 397, 399 (59 Pac. 871); Inman v. Sprague, 30 Or. 321 (47 Pac. 826). At least Hafer, plaintiff in the case, who appeared and protested…
2Cases cited3 opinions
- Moody v. MillerOregon Supreme Court · 1893
- Medynski v. TheissOregon Supreme Court · 1900
- Inman v. SpragueOregon Supreme Court · 1897
3Cited by15 opinions
- Colby v. City of PortlandOregon Supreme Court · 1917
- Upham v. BramwellOregon Supreme Court · 1922
- Des Moines National Bank v. BatesSupreme Court of Iowa · 1929
- French v. ChristnerOregon Supreme Court · 1944
- Templeton v. MorrisonOregon Supreme Court · 1913
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