Legal Opinion

Spores v. Maude

Oregon Supreme Court

Decided June 13, 1916PublishedCited by 9 opinions

From Lane: George F. Skipworth, Judge. Department 1. Statement by Mr. Chiee Justice Moore. This is a suit by George W. Spores and Josie Spores against Eustace Maude and Amy Maude to reform a deed and to recover a sum of money.

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From Lane: George F. Skipworth, Judge. Department 1. Statement by Mr. Chiee Justice Moore. This is a suit by George W. Spores and Josie Spores against Eustace Maude and Amy Maude to reform a deed and to recover a sum of money. The complaint alleges in effect that on October 20, 1909, the defendants were the owners of two lots, particularly describing them, in Springfield, Oregon, and then orally agreed to sell and convey the real property to the plaintiffs clear of all encumbrances, and particularly free from the expense of constructing in front of such premises a cement sidewalk, curb and…

1Opinion of the Court

Opinion by

Mr. Chief Justice Moore.

1, 2. In Oregon a distinction is made between actions at law and suits in equity, the former being designated as an “action” while the latter is called a “suit”: Sections 1, 389, L. O. L. Courts of law and of equity, though presided over by the same judge, have separate jurisdictions, and where there is a remedy at law, a suit in equity must be dismissed: Abernethy v. Orton, 42 Or. 437 (71 Pac. 327, 95 Am. St. Rep. 774); Cohn v. Wemme, 47 Or. 146 (81 Pac. 981, 8 Ann. Cas. 508); Chauncey v. Woolenberg, 59 Or. 214 (115 Pac. 419). After a summons has been issued…

2Cases cited30 opinions

  1. Davis v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of the United States · 1910
  2. Belknap v. CharltonOregon Supreme Court · 1893
  3. White v. JohnsonOregon Supreme Court · 1895
  4. Lewis v. LewisOregon Supreme Court · 1874
  5. Hyland v. HylandOregon Supreme Court · 1890

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

3Cited by9 opinions

  1. Symons v. EichelbergerOhio Supreme Court · 1924
  2. Murphy v. BjelikOregon Supreme Court · 1917
  3. Anderson v. GuentherOregon Supreme Court · 1933
  4. West v. FrenchCourt of Appeals of Oregon · 1981
  5. Roethler v. CummingsOregon Supreme Court · 1917

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

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