Thomas v. Booth-Kelly Co.
Oregon Supreme Court
From Lane: James W. Hamilton, Judge. Statement by ]V[R. Justice Moore. This is a suit by Jonathan J. Thomas against the Booth-Kelly Co., a corporation, to enjoin the maintenance of a dam alleged to have been built in such a manner as to interfere with the natural flow of water in certain streams, and to restrain the driving and storing of sawlogs therein.
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From Lane: James W. Hamilton, Judge. Statement by ]V[R. Justice Moore. This is a suit by Jonathan J. Thomas against the Booth-Kelly Co., a corporation, to enjoin the maintenance of a dam alleged to have been built in such a manner as to interfere with the natural flow of water in certain streams, and to restrain the driving and storing of sawlogs therein. The complaint sets forth the preliminary facts necessary to give the court jurisdiction, describes the plaintiff’s premises and the channels extending through them, and alleges that the defendant built a dam in one of the streams, causing…
1Opinion of the CourtJustice Moore
1. It appears from the uncontradicted affidavit of the defendant’s attorneys that, after this cause was determined in the lower court, the plaintiff executed to their client a deed, c'onveying to it 29.35 acres of land, through and along which two of the specified streams flow, which tract is a part of the premises described in the complaint; and, based on the sworn written declaration, it is contended that the appeal should be dismissed. The rule is settled in Oregon that evidence dehors the record is admissible in this court to establish the fact that, since a judgment was rendered or a…
2Cases cited8 opinions
- Portland Construction Co. v. O'NeilOregon Supreme Court · 1893
- Moore v. FloydOregon Supreme Court · 1872
- Moores v. MooresOregon Supreme Court · 1899
- Merriam v. Victory Mining Co.Oregon Supreme Court · 1900
- Bush v. MitchellOregon Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Merges v. MergesOregon Supreme Court · 1919
- Stires v. SherwoodOregon Supreme Court · 1915
- Eilers Piano House v. PickOregon Supreme Court · 1911
- Kellogg v. SmithOregon Supreme Court · 1914
- Fluhrer v. BramelOregon Supreme Court · 1938
6 more not listed; retrieve them via the Exa API.