Oregon Supreme Court, 1896

Leick v. Beers

Oregon Supreme Court · Decided February 3, 1896 · Bean

28 Or. 483; 43 P. 658; 1896 Ore. LEXIS 97

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Opinion by

Mr. Chief Justice Bean.

1. The court below held the lien insufficient because it states that C. Yf. Beers was the owner of the property and not the reputed owner thereof, and there is respectable authority to support the ruling: McElwee v. Sandford, 53 How. Pr. 89; Malter v. Falcon Mining Company, 2 Pac. 50. But it is unnecessary for us to place our decision upon that ground as the lien is clearly insufficient within Rankin v. Malarkey, 23 Or. 593, (32 Pac. 620, 34 Pac. 816,) and Dillon v. Hart, 25 Or. 49 (34 Pac. 817).

*4852. The refusal of a trial court to allow costs to either party in a suit iu equity will not be reviewed here except iu case of an abuse of discretion which is not shown in this case: Code, § 548; Lovejoy v. Chapman, 23 Or. 571 (32 Pac. 687); Cole v. Logan, 24 Or. 305 (33 Pac. 568). The decree of the court below is affirmed. Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.