Sherod v. Aitchison
Oregon Supreme Court
From Multnomah: Thomas J. Cleeton, Judge. In Banc. Statement by Me. Justice Mooee. This is a suit by J. G. Sherod and others against Clyde B. Aitchison and others, to enjoin threatened prosecution of criminal actions, and is based on the ground that the enforcement of an alleged void statute would injuriously affect the plaintiffs’ property rights.
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From Multnomah: Thomas J. Cleeton, Judge. In Banc. Statement by Me. Justice Mooee. This is a suit by J. G. Sherod and others against Clyde B. Aitchison and others, to enjoin threatened prosecution of criminal actions, and is based on the ground that the enforcement of an alleged void statute would injuriously affect the plaintiffs’ property rights. The complaint charges, in effect, that the several plaintiffs, either as a person, firm or corporation, has invested sums of money in securing and maintaining at Portland, Oregon, a place of business, and is engaged as a dealer in farm, dairy,…
1Opinion of the CourtJustice Moore
It will be assumed that the complaint alleges such an injury to property rights as will authorize the inter*449vention of equity to enjoin the maintenance of criminal actions, if it be conceded that the averments of the primary pleading bring the case within the rule which permits a party to challenge a statute or an ordinance on the ground that it is void.
1. Where a party has a plain, adequate and complete remedy at law for the enforcement or protection of a a private right or the prevention of or redress for an injury thereto, a court of equity will not intervene, and hence the threatened…
2Cases cited7 opinions
- Hall v. DunnOregon Supreme Court · 1908
- Ward v. AlsupTennessee Supreme Court · 1898
- Sandys v. WilliamsOregon Supreme Court · 1905
- New Orleans Baseball & Amusement Co. v. City of New OrleansSupreme Court of Louisiana · 1907
- Portland Fish Co. v. BensonOregon Supreme Court · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cummings Construction Co. v. School District No. 9Oregon Supreme Court · 1965
- Shuman v. GilbertMassachusetts Supreme Judicial Court · 1918
- Schulte v. FitchSupreme Court of Minnesota · 1925
- Kroner v. City of PortlandOregon Supreme Court · 1925
- Ideal Tea Co. v. SalemOregon Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.