Gantenbein v. Bowles
Oregon Supreme Court
From Multnomah: H. H. Belt, Judge. Department 2. This is a suit by C. U. Grantenbein against Joseph R. Bowles, Fred Rothchild and Frederick S. Stanley, to subject the funds of the Willamette Building & Realty Company, a corporation, to the payment of the corporate debts and for an accounting by reason of certain acts of the directors in assigning to themselves rents of subtenants under a lease known as the Fleischner lease which the corporation held as original lessee.
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From Multnomah: H. H. Belt, Judge. Department 2. This is a suit by C. U. Grantenbein against Joseph R. Bowles, Fred Rothchild and Frederick S. Stanley, to subject the funds of the Willamette Building & Realty Company, a corporation, to the payment of the corporate debts and for an accounting by reason of certain acts of the directors in assigning to themselves rents of subtenants under a lease known as the Fleischner lease which the corporation held as original lessee. The cause came on for final hearing on October 30, 1919. After hearing the testimony of the witnesses in support of the…
1Opinion of the CourtBean, J.
1. As a preliminary question the defendants submit that the court had no authority to enter the order on November 19, .1919, that the judgment should take effect as of October 30, 1919. Defendants suggest that there is a conflict of authority as to the power of the court under such circumstances. It should be remembered that there is no question but that the amount of the judgment was due to plaintiff when he instituted this suit. It was not the ordinary nunc pro tunc judgment.
2. The failure of the court to substitute the administrator as plaintiff until four days after the entry of the…
2Cases cited28 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Beach v. MillerIllinois Supreme Court · 1889
- Williams v. Commercial National BankOregon Supreme Court · 1907
- Corey v. WadsworthSupreme Court of Alabama · 1891
- Conover v. HullWashington Supreme Court · 1895
23 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Public Market Co. v. City of PortlandOregon Supreme Court · 1942
- Barnes v. Eastern & Western Lumber Co.Oregon Supreme Court · 1955
- Albert Richards Co. v. Mayfair, Inc.Massachusetts Supreme Judicial Court · 1934
- Stumbo v. Paul B. Hult Lumber Co.Oregon Supreme Court · 1968
- Flegel v. Burt & Associates, P.C. (In Re Kallmeyer)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
17 more not listed; retrieve them via the Exa API.