First Nat. Bank v. Rusk
Oregon Supreme Court
From Union: John W. Knowles, Judge. Statement by Mr. Justice Burnett. This is an action by the First National Bank of Joseph, against John P. Rusk, for money had and received. The complaint begins with a title which reads thus: “In the Circuit Court of the State of Oregon, for Union County. First National Bank of Joseph, a corporation, Plaintiff, v. John P. Rusk, Defendant.”
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From Union: John W. Knowles, Judge. Statement by Mr. Justice Burnett. This is an action by the First National Bank of Joseph, against John P. Rusk, for money had and received. The complaint begins with a title which reads thus: “In the Circuit Court of the State of Oregon, for Union County. First National Bank of Joseph, a corporation, Plaintiff, v. John P. Rusk, Defendant.” In that pleading a cause of action is then stated for a balance due and unpaid on money had and received by the defendant to the use of the plaintiff, concluding with a demand for judgment in the sum of $34.45, with…
1Opinion
On Petition for Rehearing.
2Opinion of the CourtJustice Burnett
■ In five pages of typewritten ululation, the defendant asks for a rehearing of his appeal, criticising our former opinion, reported 127 Pac. 780. The ground of his critique, as he states it, is that “no regard or thought was *40given of the merits, the justice, or the effect of confirming this appeal; the controlling idea being, it appears, that if the amount involved had been multiplied by ten or a hundred that the result would have been just the opposite of what it actually is now.” No additional authorities are cited, but we will re-examine the original briefs and…
3Cases cited13 opinions
- White v. JohnsonOregon Supreme Court · 1895
- Smith v. Ellendale Mill Co.Oregon Supreme Court · 1870
- Higley v. PollockNevada Supreme Court · 1891
- Clark v. PalmerCalifornia Supreme Court · 1891
- First Nat. Bank v. RuskOregon Supreme Court · 1912
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