Legal Opinion

Wallace & Co. v. Ferguson

Oregon Supreme Court

Decided April 14, 1914PublishedCited by 4 opinions

Original proceeding in Supreme Court.- In Banc. Statement by Mr. Justice Burnett. This is a proceeding by Guy L. Wallace & Company, a corporation, against J. W. Ferguson, insurance commissioner of tbe State of Oregon, and is based upon an original writ of mandamus emanating from tbis court, directing tbe defendant, as tbe insurance commissioner of tbe state, to issue to tbe plaintiff tbe certificate of authority described in Section 4 of Chapter 222 of tbe General Laws of…

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Original proceeding in Supreme Court.- In Banc. Statement by Mr. Justice Burnett. This is a proceeding by Guy L. Wallace & Company, a corporation, against J. W. Ferguson, insurance commissioner of tbe State of Oregon, and is based upon an original writ of mandamus emanating from tbis court, directing tbe defendant, as tbe insurance commissioner of tbe state, to issue to tbe plaintiff tbe certificate of authority described in Section 4 of Chapter 222 of tbe General Laws of 1911, or to show cause why be has not done so. Tbe writ alleges in terms a compliance by tbe petitioner with tbe…

1Opinion of the CourtJustice Burnett

Accompanying the pleadings in the case are sundry exhibits, and what seems to be testimony taken before *309a stenographer and notary public; but these were not presented to the court at the hearing, although Section 625, L. O. L., states that “in the Supreme Court the writ may be allowed by the court or any judge thereof, but shall only be tried and determined by the court; and all issues of either fact or law therein shall be tried by the court.” The case, however, may be determined upon the pleadings, and will be so treated.

The act (Laws 1911, p. 376) under which the petitioner professes to be…

2Cases cited2 opinions

  1. State v. Des Chutes Land Co.Oregon Supreme Court · 1913
  2. Bankers Deposit Guaranty & Surety Co. v. BarnesSupreme Court of Kansas · 1909

3Cited by4 opinions

  1. State of Oregon Ex Rel. v. DobsonOregon Supreme Court · 1952
  2. Arizona Corp. Commission v. Heralds of LibertyArizona Supreme Court · 1916
  3. Herbring v. LeeOregon Supreme Court · 1928
  4. Irwin v. Missouri Valley Bridge & Iron Co.Court of Appeals for the Seventh Circuit · 1927

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