Daily capital journal. (Salem, Oregon) 1903-1919, 1915-06-15
CANNOT Be
LEVIED ON JUDGMENT
FOR UNPAID DAMAGES
Supreme Court Taxes Costs Of
Proceedings Against An
Ousted Official

Following what is cited as the set.
tied rule Of the court Of this state that
interest cannot he recovered on n iudg.
mcnt for nliquidntcd damages the
supreme court this morning, in an opn.
ion written by Justice Benson modified
the decree Of Judge Henry II, McGim
Of the circuit court for Multnomah
county, In the case Of Y. y. Williams.
plaintiff and respondent, vs.. the Pa.
cific surety company, defendant and
appellant and Oregon Idaho company
defendants and respondents IN which
the plaintiff was awarded $4,000 dam.
ages for breach Of a logging contract by
the Orcgonldaho company against the
surety company upon the former h
bonds, together with interest nt q per
cent The amount oi reduction in the
Judgment representing the interest nl
lowed was fG,202lI
oustod from office and Taxed Costs
Holding that under the amended
statutes permitting habcas corpus, man.
dhmua or quo wannnto proceedings TO
be instituted In the supreme court rs
court Of first resort in such eases the
supreme court is granted original uris.
dicllon over such eases and has the
right io assess costs In such cases the
supreme court, In an opinion written
. 10y Justice Burnett ordered the sheriff
Of Union county 10 issue execution up.
on John s, llodgin for costs amounting
10 $50 arising out Of the quo warranto
proceedings usti'uied and successfully
/ prosecuted 10 Dust llodgin from the Of.
nee of district attorney for that county.
I Therefore, defendant llodgu not only
lost bis official position but must nav
the costs ot bringing the action in the
court to oust him. The action was
. brought in relation to y. S, lynuhoc.
who was awarded the office Of district
attorney Nico llodgIn.
Dissolved Corporation Dead In o Years
Notwithstanding q eorporuiion. in nc.
/ rol lance with thc corporation laws NJ
tli. state, begins action before the cx.
| pluilou of the jycnr period of lie
granted for The purpose Of suing or be-
ing sued after the date of dissolution
" such .lIi is not terminated within
lhc 1No1r period the dissolved cor.
porniiou suing or being sued bcromc,
lrlunci and ceases 90 oXitt Thii
doctrine De- laid down iu au opinion Of
me supreme court, handed down b,
Justice Benson this morning IN which
The action 0f Iho Service a WRIGHT
lumber company of Baker county b,
dltmn'cd against thc Sumptcr Vallo,
Ihliiobd company ou the ground thnt
IN spite Of ihc fact that the suit wa.
brought within two years after b,
plaintiff had taken voluntary di,spm
ton, The jyonr lease NJ lfo had ck
plf'd and il could not mnutnin action
in The courts
other decisions rendered by the SD
premo court today we're.
ln ihe matter OF the guardianship "a
/ rn'dlon, appealed from Coos county
lu'oltinR an application for the re-
m"'al Of guardians, opinion by Chic
justice Moore Circuit Judge Cokp's r,
iu.al 10 remove guardian affirmed.
samuel Doloyago w. old Orooo
creamery company appellant. appcnlc
[ from Muliuomah county motion to r.,
inA costs denied opinion by Jusuc
Harris
Anna Graf w. j. ~ pcarcy anna
lahi, appealed from Multnomnh count,
motion TO dismiss appeal allowed.
southern Oregon Company vs. w. "
Gage. sheriff NJ Coos county. nppcale
from Coos county, petition for fobeni