North American Securities Co. v. Cole
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice McBride. This is a suit by the North American Securities Co. against Leonard Cole to enjoin defendant from prosecuting an action at law; the same being the case of Leonard Cole v. Willow River Land & Irrigation Co., 60 Or. 594 (118 Pac. 1030), decided at this date. The facts out of which that litigation arose preface our opinion in that case.
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From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice McBride. This is a suit by the North American Securities Co. against Leonard Cole to enjoin defendant from prosecuting an action at law; the same being the case of Leonard Cole v. Willow River Land & Irrigation Co., 60 Or. 594 (118 Pac. 1030), decided at this date. The facts out of which that litigation arose preface our opinion in that case. The additional facts necessary to a correct understanding of the present contention are as follows: Plaintiff claims that it is a large stockholder in the Willow River Land & Irrigation Company;…
1Opinion of the CourtJustice McBride
1. Assuming, without deciding, that the complaint states facts sufficient to constitute a cause of suit, the testimony of the witnesses, mentioned in plaintiff’s affidavit for a continuance, would have been in some degree material; but the affidavits are vulnerable to the *4same objection suggested in the case of Cole v. Willow River, etc. Company, 60 Or. 594 (118 Pac. 1030) just decided. They give no reasons why counsel expect to prove by the witnesses named the facts that they assume they will testify to. If they have stated to the affiant or to any person that these facts existed or have…
2Cases cited1 opinion
- Cole v. Willow River Co.Oregon Supreme Court · 1911
3Cited by6 opinions
- State of Oregon v. Blount, Sr.Oregon Supreme Court · 1953
- Portland & O. C. Ry. Co. v. SandersOregon Supreme Court · 1917
- Toney v. ToneyOregon Supreme Court · 1917
- Fletcher v. YatesOregon Supreme Court · 1922
- Taylor v. NelsonOregon Supreme Court · 1932
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