Ban v. Columbia Southern Ry. Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Oregon. The portions of the amended bill of complaint, referred to in the opinion of the court, are substantially as follows: “That the defendant the Columbia Southern Railway Company now is, and at all times hereinafter mentioned was, a private corporation, incorporated and existing under and by virtue of the laws of the state of Oregon; that the defendant the New York Security & Trust Company now is,…
Read the full summary
Appeal from the Circuit Court of the United States for the District of Oregon. The portions of the amended bill of complaint, referred to in the opinion of the court, are substantially as follows: “That the defendant the Columbia Southern Railway Company now is, and at all times hereinafter mentioned was, a private corporation, incorporated and existing under and by virtue of the laws of the state of Oregon; that the defendant the New York Security & Trust Company now is, and at all times hereinafter mentioned was, a private corporation, incorporated and existing under and by virtue of the…
1Opinion of the CourtHawley, District Judge
This is a suit to foreclose a mechanic’s lien upon an extension of a line of railroad from Moro, Sherman county, Or., to Shaniko, Wasco county, Or., belonging to the Columbia Southern Railway Company, defendant herein. The record shows that a demurrer to the original bill of complaint, which was filed by complainant, Ban, was sustained by the court upon the ground that the statute of Oregon, which it was claimed authorized a lien for work and labor done was repealed by implication by a subsequent statute approved February 25, 1889. It was also held that Seaman, who was interested with Ban,…
2Cases cited51 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Wood v. United StatesSupreme Court of the United States · 1842
- Payne v. HookSupreme Court of the United States · 1869
- Ex Parte YergerSupreme Court of the United States · 1869
- Barney v. Baltimore CitySupreme Court of the United States · 1868
46 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Grant County Deposit Bank v. McCampbellCourt of Appeals for the Sixth Circuit · 1952
- Atchison, T. & S. F. Ry. Co. v. PhillipsCourt of Appeals for the Ninth Circuit · 1910
- Southwestern Inv. Co. v. CommissionerUnited States Board of Tax Appeals · 1930
- George v. Oregon, California & Eastern Railway Co.Oregon Supreme Court · 1926
- Giant Powder Co. v. Oregon Western Ry. Co.Oregon Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.