Legal Opinion

Krause v. Oregon Steel Co.

Oregon Supreme Court

Decided August 20, 1907PublishedCited by 10 opinions

From Clackamas: Thomas A. McBride, Judge. . Suit by August Krause against the Oregon Iron & Steel Co., in which the decree of the supreme court was entered in 1904 in the trial court. Defendant moved the circuit court to correct this decree, which that court refused to do, whereupon petitioner appealed. This is the first matter here reported, and the decision of the trial court was affirmed.

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From Clackamas: Thomas A. McBride, Judge. . Suit by August Krause against the Oregon Iron & Steel Co., in which the decree of the supreme court was entered in 1904 in the trial court. Defendant moved the circuit court to correct this decree, which that court refused to do, whereupon petitioner appealed. This is the first matter here reported, and the decision of the trial court was affirmed. The defendant then applied directly to the supreme court to recall the mandate, which is the second matter reported, and the motion was denied. Both opinions are reported under one title.

1Opinion of the Court

On Appeal From Order Refusing to Modify Decree Entered on Mandate.

*89Opinion by

Mr. Justice Eakin.

1. This cause was tried in the lower court in June, 1901, and appeal taken from the decree therein, and on August 8, 1904, decree was rendered in this court (Krause v. Oregon Steel Co. 45 Or. 378: 77 Pac. 833), which, upon mandate, was entered in the lower court. Afterward, on May 12, 1905, the defendant, by motion and affidavits, applied to the lower court to have an execution theretofore issued on said decree recalled, and for an order interpreting and modifying, or correcting, said decree in…

2Cases cited4 opinions

  1. Dray v. BlochOregon Supreme Court · 1896
  2. Keene v. WelshMontana Supreme Court · 1889
  3. Harvey's Heirs v. WaitOregon Supreme Court · 1882
  4. Krause v. Oregon Steel Co.Oregon Supreme Court · 1904

3Cited by10 opinions

  1. State v. F. B. Williams Cypress Co.Supreme Court of Louisiana · 1913
  2. Brewer v. ErwinCourt of Appeals of Oregon · 1984
  3. Rexnord, Inc. v. FerrisCourt of Appeals of Oregon · 1984
  4. Purdy v. Van KeurenOregon Supreme Court · 1912
  5. Feagins v. Wallowa CountyOregon Supreme Court · 1912

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