Legal Opinion

Newby v. Oregon Cent. Ry. Co.

U.S. Circuit Court for the District of Oregon

Decided August 3, 1869PublishedCited by 2 opinions

[This was a bill in equity by James B. Newby against the Oregon Central Railway Company, George L. Woods, E. N. Cooke. J. H. Douthitt, J. R. Moores, Thomas M. F. Patton, John H. Moores, Jacob Courser, A. Laurence Lovejoy, F. A. Chenoweth, Stuke-ley Ellsworth, • Stephen F. Chadwick, John E. Ross, J. H. D. Henderson, John F. Miller, Absalom F. Hedges, Samuel B. Parrish, and Green B. Smith.]

1Opinion of the Court

DEADY, District Judge.

This suit is brought to enjoin the defendants from using the name “The Oregon Central Railway Co.” and from issuing bonds bearing said name. It was commenced on February 9, 1869. The defendants on April 5, filed ten exceptions to the complainant 'for impertinence, which exceptions, after arguments by counsel, were disallowed on April 12th thereafter. On May 3, 1869, the defendant corporation demurred to the complaint, as did the other defendants, by a separate and similar demurrer. On May 15 and 22 the demurrer was argued by counsel and the cause submitted to the court…

2Cases cited2 opinions

  1. Robinson v. SmithNew York Court of Chancery · 1831
  2. Taylor v. CarpenterNew York Court of Chancery · 1844

3Cited by2 opinions

  1. Grand Lodge Knights of Pythias of North & South America v. Grand Lodge Knights of PythiasSupreme Court of Alabama · 1911
  2. Consolidated Water Co. v. City of San DiegoU.S. Circuit Court for the District of Southern California · 1898

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