Legal Opinion

John P. Sharkey Co. v. City of Portland

Oregon Supreme Court

Decided April 4, 1911PublishedCited by 9 opinions

From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice McBride. This is a suit by John P. Sharkey Company, a corporation, against the City of Portland, M. J. Connelley, and Messrs.

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From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice McBride. This is a suit by John P. Sharkey Company, a corporation, against the City of Portland, M. J. Connelley, and Messrs. Scott & McDougal, to restrain the defendants from wrongfully removing earth from an excavation being made in the improvement of Franklin Street in the city of Portland, and to compel defendants to account for and pay the value of earth which plaintiff claims has been already unlawfully converted. The complaint, which is too voluminous for insertion here, alleges in substance, that W. Scott and T.…

1Opinion of the Court

On Motion to Dismiss.

Opinion by

Mr.- Chief Justice Moore.

This is a motion to dismiss an appeal as to some of the parties. The defendants, the city of Portland, a municipal corporation, W. Scott and T. McDougal, partners as Scott & McDougal, and M. J. Connelley, having been perpetually enjoined from trespassing on the plaintiff’s land and required to pay him damages arising from the injury thereto, jointly appealed from the entire decree. The city of Portland alone filed a brief, and because its codefendants did not join therein or file a separate brief this motion was interposed.

1. As the…

2Cited by9 opinions

  1. Northwest Natural Gas Co. v. City of PortlandOregon Supreme Court · 1985
  2. Kurtz v. Southern Pacific Co.Oregon Supreme Court · 1916
  3. McHargue v. CalchinaOregon Supreme Court · 1915
  4. Donaghy v. Oregon-Washington R. & Nav. Co.Oregon Supreme Court · 1930
  5. Miller v. Roy W. Heinrich & Co.Oregon Supreme Court · 1970

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