Blagen v. Smith
Oregon Supreme Court
From Multnomah: Loyal B. Stearns, Judge. This is a suit by private parties to enjoin the continuance of a public nuisance.
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From Multnomah: Loyal B. Stearns, Judge. This is a suit by private parties to enjoin the continuance of a public nuisance. The transcript shows that the plaintiff, N. J. Blagen, is the owner of two lots at the southeast corner of Couch and First Streets, in the City of Portland, upon which he erected a large four-story brick building in 1890, expending in the purchase of the land, and the improvement thereof, about $80,000 ; that upon the completion of this building it was leased to the plaintiff, The W. C. Noon Bag Company, a corporation, which is engaged in the manufacture of bags, tents,…
1Opinion of the CourtJustice Moore
1. It is contended by plaintiffs’ counsel that the court erred in permitting defendant, over their objection, to introduce testimony outside the issues, and in making the findings thereon numbered respectively 10 and 11. Section 397, Hill’s Ann. Laws, as amended by the act of the legislative assembly, approved February 20, 1893 (Laws, 1893, p. 26), in prescribing the manner in which findings shall be prepared in suits, reads as follows : “The court in rendering its decision shall set out in writing its findings of fact upon all the material issues of fact presented by the pleadings, together…
2Cases cited15 opinions
- Lansing v. SmithNew York Supreme Court · 1828
- Cranford v. . Tyrrell.New York Court of Appeals · 1891
- Gilbert v. ShowermanMichigan Supreme Court · 1871
- Hall v. ArnottCalifornia Supreme Court · 1889
- Hamilton v. WhitridgeCourt of Appeals of Maryland · 1857
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3Cited by15 opinions
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- Van Buskirk v. BondOregon Supreme Court · 1908
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