Scholl v. Belcher
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by Mary J. Scholl, as administratrix of the estate of Charles Scholl, deceased, against C. T. Belcher. The complaint contains two counts each nearly identical with the other.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by Mary J. Scholl, as administratrix of the estate of Charles Scholl, deceased, against C. T. Belcher. The complaint contains two counts each nearly identical with the other. It is stated in effect that on February 7,1910, plaintiff was duly and regularly appointed administrator of the estate of Charles Scholl, deceased, by the county court of Multnomah County, Oregon, and during all the time mentioned in the complaint the defendant was and now is the proprietor and manager of the Collins Springs Hotel…
1Opinion of the CourtJustice Buenett
Me. Justice Bean dissenting.
1. It is contended by the defendant that the court ought to have dismissed the action because it appeared in testimony that the decedent had been for a long time prior to his death, and then was, a resident and inhabitant of Marion County, Oregon, and hence that the county court of Multnomah County had no jurisdiction to appoint the plaintiff administratrix of his estate. This question was raised by a motion for nonsuit at the close of the plaintiff’s case, by an application to the court for leave to file an amended answer, in which there was added to the…
2Cases cited38 opinions
- Herbert v. Southern Pacific Co.California Supreme Court · 1898
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Harrington v. Los Angeles Railway Co.California Supreme Court · 1903
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
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3Cited by16 opinions
- Joseph Galvin v. William H. Jennings, Individually and Trading as Poison Pete's TavernCourt of Appeals for the Third Circuit · 1961
- Cockerham v. PottsOregon Supreme Court · 1933
- Doherty v. Arcade HotelOregon Supreme Court · 1942
- Parker v. Smith Lumber Co.Oregon Supreme Court · 1914
- Twitchell v. ThompsonOregon Supreme Court · 1915
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