La Grande v. Portland Public Market
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Moore. This is an action by D. La Grande against the Portland Public Market & Cold Storage Company, a private corporation, to recover the alleged reasonable value of work and labor, the complaint being in the usual form.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Moore. This is an action by D. La Grande against the Portland Public Market & Cold Storage Company, a private corporation, to recover the alleged reasonable value of work and labor, the complaint being in the usual form. A plea in abatement was interposed to the complaint, alleging that the cause of action stated did not accrue to plaintiff alone, but to him and G. Zanello and F. Zanello, doing business under the firm name of G. Zanello & Son, who, although still living, are not joined as parties plaintiff; that about…
1Opinion of the CourtJustice Moore
1. Insisting that the order undertaken to be reviewed is interlocutory, plaintiff’s counsel moves to dismiss the appeal. It is maintained by defendant’s counsel, however, that though the court’s direction is not in form ultimate, it is in substance and effect a final determination of the cause as instituted, necessitating a dismissal of the action, in failing to render which an error was committed that is re-examinable by this court. Before the question thus suggested is determined, it is deemed proper to consider the form of judgment that should be rendered when a decision in favor of a…
2Cases cited20 opinions
- Deering v. QuiveyOregon Supreme Court · 1895
- Foster v. NapierSupreme Court of Alabama · 1883
- Sears v. DunbarOregon Supreme Court · 1907
- Rafferty v. DavisOregon Supreme Court · 1909
- Hopwood v. PattersonOregon Supreme Court · 1862
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3Cited by11 opinions
- Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1965
- Winters v. GrimesOregon Supreme Court · 1928
- Harrison v. BirrellOregon Supreme Court · 1911
- Hirschfeld v. McCullaghOregon Supreme Court · 1912
- Pettyjohn v. Oregon Coal & Nav. Co.Oregon Supreme Court · 1911
6 more not listed; retrieve them via the Exa API.