Legal Opinion

Trullinger v. Howe

Oregon Supreme Court

Decided February 14, 1911PublishedCited by 19 opinions

From Yamhill: William Galloway, Judge. Statement by Mr. Justice Bean. This is a contempt proceeding against plaintiffs, based upon the following motion and affidavits, filed December 16, 1907: “D. P. Trullinger and Carl S. Trullinger, plaintiffs, v. W. A. Howe, doing business under the name of Carlton Lumber Company, defendant.

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From Yamhill: William Galloway, Judge. Statement by Mr. Justice Bean. This is a contempt proceeding against plaintiffs, based upon the following motion and affidavits, filed December 16, 1907: “D. P. Trullinger and Carl S. Trullinger, plaintiffs, v. W. A. Howe, doing business under the name of Carlton Lumber Company, defendant. “Now comes W. A. Howe, the defendant in the above-entitled action, by 'Williams, Wood & Linthicum, Walter S. Asher, and R. L. Connor, his attorneys, and moves the court that D. P. Trullinger and Carl S. Trullinger, the plaintiffs, and each of them, be required to obey…

1Opinion of the CourtJustice Bean

1. In contempt proceedings, other than for a contempt committed in the presence of the court, Section 673, L. O. L., provides, “in cases other than those mentioned in Section 672, before any proceedings can be taken therein, the facts constituting the contempt must be shown by an affidavit”; While Section 675, L. O. L. provides:

*78“In the proceeding for a contempt, the State is the plaintiff. In all cases of public interest, the proceeding may be prosecuted by the district attorney, on behalf of the State, and in all cases where the proceeding is commenced upon the relation of a private party,…

2Cases cited2 opinions

  1. State v. DowningOregon Supreme Court · 1901
  2. State v. SieberOregon Supreme Court · 1907

3Cited by19 opinions

  1. STATE Ex Rel OREGON STATE BAR v. LENSKEOregon Supreme Court · 1965
  2. Hay v. HayIdaho Supreme Court · 1924
  3. Jones v. JonesIdaho Supreme Court · 1967
  4. Taylor v. GladdenOregon Supreme Court · 1962
  5. State Ex Rel. La Follett v. La FollettOregon Supreme Court · 1930

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