State v. Security Savings Co.
Oregon Supreme Court
Appeal from Multnomah: Loyal B. Stearns, Judge. This is a proceeding brought by the district attorney of the fourth judicial district, by direction of the governor, to ascertain whether the defendant bank has in its possession on deposit or otherwise any funds or other property which has escheated to the state.
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Appeal from Multnomah: Loyal B. Stearns, Judge. This is a proceeding brought by the district attorney of the fourth judicial district, by direction of the governor, to ascertain whether the defendant bank has in its possession on deposit or otherwise any funds or other property which has escheated to the state. The information, after averring the official title of the informant, and that it is filed by direction of the governor, alleges, in substance: That the defendant is a private corporation organized and existing under the laws oí this state, and is now and has been for four years last…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. On this appeal two questions have been presented for consideration: First, whether the order overruling defendant’s demurrer and requiring it to answer the information and interrogatories as prayed for in the bill is an appealable order; and, seeond, whether the information states facts sufficient to constitute a bill of discovery. The right of appeal is purely statutory, and unless the order from which defendant’s appeal is taken is a final order, judgment, or decreo within the meaning of the statute, the appeal, of course, cannot be entertained. The law,…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railroad v. Southern Express Co.Supreme Court of the United States · 1883
- Bailey v. DeanNew York Supreme Court · 1848
3Cited by26 opinions
- Winters v. GrimesOregon Supreme Court · 1928
- Carmichael v. CarmichaelOregon Supreme Court · 1921
- State v. O'DayOregon Supreme Court · 1902
- Western Smelting & Refining Co. v. First National BankNebraska Supreme Court · 1948
- Blumauer-Frank Drug Co. v. Horticultural Fire ReliefOregon Supreme Court · 1911
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