Legal Opinion

Tot v. Gong

Oregon Supreme Court

Decided February 19, 1918PublishedCited by 15 opinions

From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice Harris. Ton Toy filed a complaint on February 19, 1916, alleging that between March 1, 1915, and November 18, 1915, he rendered services as a farm-hand and overseer at the special instance and request of the defendant; and “that for said services the defendant promised and agreed to pay plaintiff the reasonable salary of seventy-five ($75) dollars per month.”

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From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice Harris. Ton Toy filed a complaint on February 19, 1916, alleging that between March 1, 1915, and November 18, 1915, he rendered services as a farm-hand and overseer at the special instance and request of the defendant; and “that for said services the defendant promised and agreed to pay plaintiff the reasonable salary of seventy-five ($75) dollars per month.” The defendant answered and also filed a complaint in the nature of a cross-bill in equity alleging in substance that Ton Toy and John Gong were partners and that the services…

1Opinion of the CourtJustice Haeeis

1. One of the assignments of error arises out of the refusal of the court to receive in evidence the notice of appeal, the undertaking on appeal, the motion for and the order allowing an extension of time for filing the transcript. The contention of the defendant is that the appeal from the decree stayed further proceedings in the action at law until a final decision by the appel*457late court of the suit in equity. The filing of the cross-bill, by force of Section 390, L. O. L., automatically and without the aid of an injunction by a court stayed the proceedings at law until the Circuit Court…

2Cases cited24 opinions

  1. Astoria v. Astoria & Columbia River R.Oregon Supreme Court · 1913
  2. Day v. HollandOregon Supreme Court · 1887
  3. Burgess v. HelmNevada Supreme Court · 1898
  4. State ex rel. Delgado v. RomeroNew Mexico Supreme Court · 1912
  5. Knight v. HamakerOregon Supreme Court · 1898

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3Cited by15 opinions

  1. Wagner v. Savage, as Adm'rOregon Supreme Court · 1952
  2. Gellert v. Bank of California, National Ass'nOregon Supreme Court · 1923
  3. United States Potash Co. v. McNuttCourt of Appeals for the Tenth Circuit · 1934
  4. Sargent v. FolandOregon Supreme Court · 1922
  5. Helms Groover & Dubber Co. v. CopenhagenOregon Supreme Court · 1919

10 more not listed; retrieve them via the Exa API.

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