Astoria Exch. Co. v. Shively
| Decision Date | 04 March 1895 |
| Parties | ASTORIA EXCH. CO. v. SHIVELY. [1] |
| Court | Oregon Supreme Court |
Appeal from circuit court, Clatsop county; E.J. Taylor, Judge.
Action by the Astoria Exchange Company against Charles W. Shively to determine riparian rights. Judgment for plaintiff. Defendant appeals. Affirmed.
Sidney Dell, for appellant.
The facts of this case are similar in all their controlling features to the case of Bowlby v. Shively, decided by this court June 18, 1892 (22 Or. 410, 30 P. 154), and affirmed on writ of error by the supreme court of the United States (see Shively v. Bowlby, 14 Sup.Ct. 548). After a most careful consideration of the case at bar, we are satisfied that all the points and principles of law arising therein were involved and ably and exhaustively considered in the case of Bowlby v. Shively, supra, and fully and comprehensively settled. We must therefore regard the decision of the latter case as decisive of this. The complaint herein was filed upon the same date as that of Bowlby v. Shively, and the issues, so far as they were concluded, were formulated about the same time. The Bowlby Case was first brought on for hearing as a test case upon the assumption that the same conclusion must necessarily be reached in both cases, but now it is claimed that this case contains other points for our consideration not passed upon in that. With this contention we are unable to concur. It could accomplish no good purpose for us at this time to reconsider the doctrine of that case, as the reasoning and conclusions reached are in full accord with the present views of the court. Hence the judgment of the court below is affirmed.
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Notes:
[1] For opinion on rehearing, see 40 P. 92.
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