Ban v. Columbia Southern Ry. Co.
Decision Date | 05 May 1902 |
Docket Number | 752. |
Citation | 117 F. 21 |
Parties | BAN v. COLUMBIA SOUTHERN RY. CO. et al. |
Court | U.S. Court of Appeals — Ninth Circuit |
A. C Emmons and Williams, Wood & Linthicum, for appellant.
Snow & McCamant, for appellees.
The portions of the amended bill of complaint, referred to in the opinion of the court, are substantially as follows:
Section 1 of the act of 1885, giving liens to mechanics, laborers, and others, reads as follows:
'Laws Or. 1885, p. 13.
Section 1 of the act of 1889 reads as follows:
'Laws 1889, p. 75.
The appellant's assignment of errors is as follows:
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Grant County Deposit Bank v. McCampbell
...rule is not applicable where such a party is merely a formal one and not an indispensable party to the litigation. Ban v. Columbia Southern Railway Co., 9 Cir., 117 F. 21. As shown by the facts in that case, a formal party is one who has no interest in the result of the suit and need not ha......
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...creating a concurrent remedy, and not as abrogating the former mode of procedure. (Raudebaugh v. Shelley, 6 Ohio St. 307; Ban v. Columbia Southern R. Co., 117 F. 21, 54 C. A. 407; Winters v. George, 21 Ore. 251, 257, 27 P. 1041.) If there appears enough in the description to enable a party ......
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...to the controversy, and the jurisdiction should be maintained. Hotel Co. v. Wade, 97 U.S. 13, 24 L.Ed. 917.' In Ban v. Columbia Southern Ry., 117 F. 21, 54 C.C.A. 407, plaintiff and another contracted as partners to do work as subcontractors. By a contract between themselves, previously mad......
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