Scott Co. v. Roman Catholic Archbishop
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. An injunction suit by tbe Scott Company, a corporation, and others, against the Roman Catholic Archbishop for the Diocese of Oregon, A. Christie, a corporation. From a decree dismissing the complaint the plaintiffs appeal. Department 1. Statement by Mr. Chief Justice McBride.
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From Multnomah: Robert G. Morrow, Judge. An injunction suit by tbe Scott Company, a corporation, and others, against the Roman Catholic Archbishop for the Diocese of Oregon, A. Christie, a corporation. From a decree dismissing the complaint the plaintiffs appeal. Department 1. Statement by Mr. Chief Justice McBride. This is a suit to enjoin the construction by the defendant of church, school and convent buildings on certain property in the City of Portland and the use of any buildings constructed thereon for church, school or convent purposes. The complaint alleges that in the year 1909…
1DissentJustice McCamant
delivered the following dissenting opinion:
In this case we are not embarrassed by any controverted questions of fact. The demurrer admits the allegations of the complaint to be true and challenges their sufficiency in point of law. Many of the legal questions arising on this record are determined by recent and well considered decisions of this court. The validity of the restrictions on which appellants rely is established by Seeck v. Jakel, 71 Or. 35 (141 Pac. 211, L. R. A. 1915A, 679). The right of appellants to claim equitable relief based on these restrictions is supported by Duester v.…
2Cases cited10 opinions
- City of Fort Wayne v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1892
- Duester v. AlvinOregon Supreme Court · 1915
- Seeck v. JakelOregon Supreme Court · 1914
- Stevens v. AmsinckAppellate Division of the Supreme Court of the State of New York · 1912
- Spande v. Western Life Indemnity Co.Oregon Supreme Court · 1913
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