Misek v. O'Shea
Oregon Supreme Court
From Douglas : H. K. Hanna, Judge. This is a suit by S. W. Misc. to .enjoin P. H. O’Shea and others from trespassing on certain real property.
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From Douglas : H. K. Hanna, Judge. This is a suit by S. W. Misc. to .enjoin P. H. O’Shea and others from trespassing on certain real property. The transcript shows that the plaintiff is the owner of a placer mining claim in the Green Mountain mining district, Douglas County, Oregon, through which Starveout Creek flows, and that the defendant O’Shea owns the claim above plaintiff’s on the creek, the water of which he conveys through a flume to a pipe, and by means of a mining instrument called a “giant,” connected therewith, uses the water to disintegrate the natural bank, thereby securing the…
1Opinion of the CourtJustice Moore
1. It is contended that the court erred in sustaining the demurrer to O’Shea’s second defense. A counterclaim is one arising out of a cause of action existing in favor of the defendant and against the plaintiff, between whom a several judgment might be had, and, as far as applicable herein, must be connected with the subject of the suit: Hill’s Ann. Laws, §§ 73, 393. If it be assumed that the injury resulting to said defendant in consequence of the plaintiff’s construction of his dam afforded a cause of action upon which a judgment might be rendered, the question to be considered is whether…
2Cases cited14 opinions
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Curtis v. La Grande Hydraulic Water Co.Oregon Supreme Court · 1890
- Garrett v. BishopOregon Supreme Court · 1895
- Hallock v. SuitorOregon Supreme Court · 1900
- Lovejoy v. RobinsonIndiana Supreme Court · 1857
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- LUCKEY ET UX v. DeatsmanOregon Supreme Court · 1959
- Ewing v. RheaOregon Supreme Court · 1900
- Fraser v. PortlandOregon Supreme Court · 1916
- Falls City Lumber Co. v. WatkinsOregon Supreme Court · 1909
- Hollingsworth v. RuckmanMontana Supreme Court · 1924
6 more not listed; retrieve them via the Exa API.