Legal Opinion · Dissent

Thomas v. Gilbert

Oregon Supreme Court

Decided April 30, 1909Published

From Marion: William Galloway, Judge. Statement by Mr. Justice Bean. This is a suit by Eoscoe C. Thomas, substituted executor of the will of William Cosper, deceased, against A. T. Gilbert and others.

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From Marion: William Galloway, Judge. Statement by Mr. Justice Bean. This is a suit by Eoscoe C. Thomas, substituted executor of the will of William Cosper, deceased, against A. T. Gilbert and others. On petition of the Schaeffer Piano Company and others for a decree requiring the defendants, Ladd & Bush, to transfer to Claud Gatch, receiver of A. T. Gilbert, certain stock previously owned by Gilbert in the First National Bank of Moscow, Idaho, a decree was rendered as prayed for and Ladd & Bush appeal.' In April, 1901, A. T. Gilbert, doing business at Salem in this state as a banker, failed,…

1DissentJustice King

delivered the following dissenting opinion:

At the time of the filing of the opinion in this case, I. entertained grave doubts as to the soundness of the conclusion announced, and since the receipt of the petition for rehearing I have carefully re-examined the record, and into the legal principles involved, with the result that I am fully convinced that the conclusion reached by the majority, as disclosed by the opinion, is erroneous, and, if permitted to stand, will necessarily result in the taking of property by appellants without due process of law, in violation of the provisions of section…

2Cases cited24 opinions

  1. Guaranty Trust and Safe Deposit Co. v. Green Cove Springs and Melrose RailroadSupreme Court of the United States · 1891
  2. Sheets v. Selden's LesseeSupreme Court of the United States · 1865
  3. O'Hara v. ParkerOregon Supreme Court · 1895
  4. Williams v. AllisonSupreme Court of Iowa · 1871
  5. Hawley v. Von LankenNebraska Supreme Court · 1906

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