Legal Opinion

O'Hara v. Parker

Oregon Supreme Court

Decided April 8, 1895PublishedCited by 78 opinions

Appeal from Clatsop: Thos. A. McBride, Judge. This is a suit by P. O’Hara against H. B. Parker for the removal of a cloud from plaintiff’s title.

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Appeal from Clatsop: Thos. A. McBride, Judge. This is a suit by P. O’Hara against H. B. Parker for the removal of a cloud from plaintiff’s title. His complaint sets forth that he is the owner in fee simple, and is entitled to, and in the actual possession of, certain premises described as lot number six of section twenty-four, township eight north, range nine west, of the Willamette Meridian, in Clatsop County, Oregon, containing ten and seventy-five hundredths acres; that the defendant claims to be the owner of the same premises by virtue of a certain tax deed executed September…

1Opinion of the Court

Opinion by

Mr. Justice Wolverton.

1. We will consider first whether the decree upon the demurrer is a bar to this suit. It is settled by this court that ‘ ‘ a decree sustaining a demurrer to a complaint, and dismissing the suit, because it does not state facts sufficient to constitute a cause of suit, is, until reversed, a final determination of the issues presented by such complaint, and can be pleaded as a bar to a subsequent suit for the same cause”: Hume v. Woodruff., 26 Or. 373 (38 Pac. 192). Upon this proposition there seems to be no conflict of authority. See Black on Judgments, § 707;…

2Cases cited30 opinions

  1. Stark v. StarrsSupreme Court of the United States · 1868
  2. Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
  3. Frost v. SpitleySupreme Court of the United States · 1887
  4. State v. JohnstonTennessee Supreme Court · 1847
  5. Dillon v. BarnardSupreme Court of the United States · 1875

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3Cited by78 opinions

  1. Ward v. TOWN TAVERNOregon Supreme Court · 1951
  2. State Ex Rel. Smith v. SmithOregon Supreme Court · 1953
  3. Cadman v. SmithSupreme Court of Oklahoma · 1905
  4. Maxwell v. FrazierOregon Supreme Court · 1908
  5. Municipal Security Co. v. Baker CountyOregon Supreme Court · 1898

73 more not listed; retrieve them via the Exa API.

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