First Nat. Bank v. Multnomah State Bank
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Moore. This is a suit to enjoin the sale of bank stock and to enforce a lien thereon.
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From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Moore. This is a suit to enjoin the sale of bank stock and to enforce a lien thereon. The cause being at issue, was tried upon an agreed statement of facts to the effect that the plaintiff, the First National Bank of St. Johns, Oregon, is a corporation; that the defendant, the Multnomah State Bank, is also a corporation and was organized under the laws of the State of Oregon April 1, 1911, and that the codefendants are its officers and directors; that on December 26, 1911, H. Bostad subscribed for and paid $3,000 the par value…
1Opinion of the CourtJustice Moore
1,2. It is insisted by defendants’ counsel that no error was committed in dismissing the suit, for that the plaintiff had an adequate remedy at law for the recovery of any damages it might have sustained by reason of the threatened sale of the property. The case relied upon as sustaining this view is that of Parsons v. Hartman, 25 Or. 547 (37 Pac. 61, 42 Am. St. Rep. 803, 30 L. R. A. 98), where it was held that a suit by a judgment debtor would not lie to enjoin the sale of personal property under execution, upon the ground that it was exempt by law from sale under judicial process, unless…
2Cases cited24 opinions
- Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
- Swank v. ElwertOregon Supreme Court · 1910
- Hall v. DunnOregon Supreme Court · 1908
- Livesley v. JohnstonOregon Supreme Court · 1904
- South Portland Land Co. v. MungerOregon Supreme Court · 1900
19 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Eckles v. State of OregonOregon Supreme Court · 1988
- Gibson v. ManuelMississippi Supreme Court · 1988
- Duke v. ForceWashington Supreme Court · 1922
- Haberlach v. Tillamook County BankOregon Supreme Court · 1930
- Schramm v. DoneOregon Supreme Court · 1930
1 more not listed; retrieve them via the Exa API.