Sharkey v. Candiani
Oregon Supreme Court
From Lane: James W. Hamilton, Judge. Statement by Mr. Justice Moore. This cause having been reargued, the opinion heretofore announced, which has not been published, will be changed to accord with the view now entertained. This is a suit by Frank C. Sharkey, Louis Zimmerman, Fred E. Sharkey, and N. B. Standish, -against C. F. Candiani, Caesar Marco and J. J. Tyler, to determine the right pf possession of certain mineral land.
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From Lane: James W. Hamilton, Judge. Statement by Mr. Justice Moore. This cause having been reargued, the opinion heretofore announced, which has not been published, will be changed to accord with the view now entertained. This is a suit by Frank C. Sharkey, Louis Zimmerman, Fred E. Sharkey, and N. B. Standish, -against C. F. Candiani, Caesar Marco and J. J. Tyler, to determine the right pf possession of certain mineral land. The complaint states thát the defendants secured a survey of what they designated as the “Doctor” lode in the unorganized mineral district of Blue Biver, Lane County,…
1Opinion of the CourtJustice Moore
1. It is contended by plaintiffs’ counsel that an error was committed in refusing to strike from the transcript much of the testimony given by defendants’ witnesses, because it was taken out of the jurisdiction of the trial court, without an order to that effect. The statute authorizes a court, when a suit is at issue upon a question of fact, to refel the cause, and also to appoint a special referee for the purpose of taking testimony of witnesses residing more than 20 miles from the place of holding court: B. & C. Comp. § 827. This suit was begun and tried in Lane County, and the referee…
2Cases cited20 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Jackson v. RobySupreme Court of the United States · 1883
- O'REILLY v. CampbellSupreme Court of the United States · 1886
- Calhoun Gold Mining Co. v. Ajaz Gold Mining Co.Supreme Court of the United States · 1901
15 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- City of Los Angeles v. AbbottCalifornia Court of Appeal · 1933
- In re the Adoption of DavisNew York Surrogate's Court · 1932
- State Highway Commission v. RawsonOregon Supreme Court · 1957
- Steele v. PrebleOregon Supreme Court · 1938
- Inman v. OllsonOregon Supreme Court · 1958
14 more not listed; retrieve them via the Exa API.