Malloy v. Marshall-Wells Hardware Co.
Oregon Supreme Court
From Multnomah: Harry H. Belt, Judge. Department 2. This is an action to recover damages for a personal injury sustained by plaintiff September 11, 1915. It appears that Marshall-Wells Hardware Company is operating a two-story barn at the comer of Seventeenth and Love joy Streets, in the City of Portland.
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From Multnomah: Harry H. Belt, Judge. Department 2. This is an action to recover damages for a personal injury sustained by plaintiff September 11, 1915. It appears that Marshall-Wells Hardware Company is operating a two-story barn at the comer of Seventeenth and Love joy Streets, in the City of Portland. Plaintiff had been in the employ of this corporation since April, 1910. For upwards of four years prior to his injury he had lived with Ms family in the barn above referred to. His duties were manifold; they included the care of the horses, the cleaning of the bam, looking after the harness…
1Opinion of the CourtMcCAMANT, J.
1. A preliminary question is suggested by tbe contention of Marshall-Wells Hardware Company that the state court lost jurisdiction on the filing of its petition and bond on removal to the federal court. It is alleged in the first affirmative answer of this defendant that such petition and bond were filed in the Circuit Court February 16, 1917, and that the Circuit Court refused to make an order removing the cause.
The petition and bond alleged to have been filed are attached to the answer as exhibits. The reply admits:
‘ ‘ That after the time allowed by law for the removal of this caúselo the…
2Cases cited30 opinions
- Corning v. BurdenSupreme Court of the United States · 1854
- State ex rel. Everding v. SimonOregon Supreme Court · 1891
- Hoag v. Washington-Oregon Corp.Oregon Supreme Court · 1914
- Cathcart v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Keady v. United Rys. Co.Oregon Supreme Court · 1910
25 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Anthony v. VeatchOregon Supreme Court · 1950
- Rouchene v. Gamble Construction Co.Supreme Court of Missouri · 1935
- Allen v. Multnomah CountyOregon Supreme Court · 1946
- Stark v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Pugsley v. SmythOregon Supreme Court · 1921
46 more not listed; retrieve them via the Exa API.