Davis v. Hofer
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. Suit by George W. Davis and others against Ernst Hofer and others to have a judgment and a sale thereunder set aside, and to require the defendants to account for money received in conducting the business of a corporation in which the parties to such suit are stockholders.
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From Marion: Reuben P. Boise, Judge. Suit by George W. Davis and others against Ernst Hofer and others to have a judgment and a sale thereunder set aside, and to require the defendants to account for money received in conducting the business of a corporation in which the parties to such suit are stockholders. It appears that the Capital Journal Publishing Company, a corporation organized for the purpose of publishing a newspaper at Salem, entered into a contract with the defendants Ernst Hofer, A. F. Hofer, Jr., and F. X. Hofer, partners as Hofer Brothers, whereby supplemental articles of…
1Opinion of the CourtJustice Moore
1. If the overruling of the motion to require the defendants to render an account be regarded as a denial of equitable jurisdiction of the subject-matter, the court necessarily erred; for, while an action of account was originally cognizable at law, it was soon ascertained that only a court of equity, by reason of its power to compel a discovery, was competent, in many cases, to afford adequate relief; and out of this discovery has been evolved the principle of concurrent jurisdiction of courts of equity in such cases: 3 Blackstone, Comm *437; 1 Story, Eq. Jur. (13 ed.), § 452. The inadequacy of…
2Cases cited23 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Hidden v. JordanCalifornia Supreme Court · 1865
- City of Belleville v. Citizens' Horse Railway Co.Illinois Supreme Court · 1894
- Warren v. HolbrookMichigan Supreme Court · 1893
- Halsted v. RabbSupreme Court of Alabama · 1838
18 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wolff v. Arctic Bowl, Inc.Alaska Supreme Court · 1977
- Barnes v. Eastern & Western Lumber Co.Oregon Supreme Court · 1955
- Templeton v. BocklerOregon Supreme Court · 1914
- Buttitta v. LawrenceIllinois Supreme Court · 1931
- Morton v. Morton Realty Co.Idaho Supreme Court · 1925
7 more not listed; retrieve them via the Exa API.