Ljubich v. Western Cooperage Co.
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Department 1. This action was originally instituted by and in the name of Toze Ljubich to recover damages, under the Oregon Employer’s Liability Act, against the defendant for the death of Ture Ljubich through the alleged negligence of defendant.
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From Multnomah: Calvin U. Gantenbein, Judge. Department 1. This action was originally instituted by and in the name of Toze Ljubich to recover damages, under the Oregon Employer’s Liability Act, against the defendant for the death of Ture Ljubich through the alleged negligence of defendant. Deceased was killed on the thirteenth day of September, 1915, and the complaint was filed March 1,1916. The complaint is in the usual form and alleges that plaintiff is the mother of deceased. Under the statute, the right to bring the action is concededly in the mother. The complaint was verified by the…
1Opinion of the CourtMcBRIDE, C. J.
Upon the argument here, counsel have presented the single question, namely: The right of the Consul-General of Austria-Hungary, under any circumstances, to authorize an action to be commenced in the name of a national without express authority from the person named as plaintiff in such action. The contention of plaintiff’s attorneys, when reduced to its plainest terms is, that the Consul, by virtue of his office and the treaty between the United States and Austria-Hungary was, in effect, the official attorney in fact of all nonresident aliens who were not represented by an attorney in fact of…
2Cases cited5 opinions
- The Bello Corrunes. The Spanish ConsulSupreme Court of the United States · 1821
- In re the Estate of TartaglioNew York Surrogate's Court · 1895
- Succession of RabasseSupreme Court of Louisiana · 1895
- Vujic v. Youngstown Sheet & Tube Co.District Court, N.D. Ohio · 1914
- In re the Judicial Settlement of the Account of DavenportNew York Surrogate's Court · 1904
3Cited by7 opinions
- American Car & Foundry Co. v. Industrial CommissionIllinois Supreme Court · 1929
- In Re the Accounting of ZalewskiNew York Court of Appeals · 1944
- Daniel Gonzales Dupree, Consul of Mexico, Applicant for Intervention, Antonio Garcia Orozco v. United StatesCourt of Appeals for the Ninth Circuit · 1977
- Garvin v. Western Cooperage Co.Oregon Supreme Court · 1919
- In re Estate of HerrmanSupreme Court of Minnesota · 1924
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