Wells, Fargo & Co. v. Wall
Oregon Supreme Court
Chancery.—Appeal from Multnomah. This is an appeal from an order or decree of Wait, C. J., dissolving an injunction granted by Mm at chambers, upon the filing of the complainants’ bill, February 23d, 1860. At the March term following of the Circuit Court for Multnomah County, the defendant moved to dissolve the injunction and dismiss the bill, and assigned the following grounds for the allowance of the motion : 1st. The court has no jurisdiction. 2d.
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Chancery.—Appeal from Multnomah. This is an appeal from an order or decree of Wait, C. J., dissolving an injunction granted by Mm at chambers, upon the filing of the complainants’ bill, February 23d, 1860. At the March term following of the Circuit Court for Multnomah County, the defendant moved to dissolve the injunction and dismiss the bill, and assigned the following grounds for the allowance of the motion : 1st. The court has no jurisdiction. 2d. The complainants have an adequate remedy at law. 3d. The bill shows that the questions at issue have been tried and determined at law. 4th. Bill…
1Opinion of the CourtStratton, J.
Lord Colee regarded it as the reproach of his time, and against which he declaimed with a quaint but strong vehemence, that equity was made to invade and overturn the legitimate functions of the common law. The practice of which he complained may, in some sense, be said to be reversed; at least, many of the strong barriers, which separated the two jurisdictions of law and equity, in the march of liberal ideas, have been swept away; and law tribunals are now' clothed by statute with many of the powers to grant new trials, and to set aside hard judgments, which formerly belonged to the courts…
2Cases cited2 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Truly v. WanzerSupreme Court of the United States · 1847
3Cited by6 opinions
- Willis v. CrawfordOregon Supreme Court · 1901
- Dixon v. SimpsonOregon Supreme Court · 1929
- Bates v. Department of Motor VehiclesCourt of Appeals of Oregon · 1977
- Walling v. LebbOregon Supreme Court · 1932
- Olsen v. CrowOregon Supreme Court · 1930
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