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5 Oregon opinions name it 2 courts 1919–2023 2 in the last five years
The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bolte v. Aits, Inc.green1 sentence2006Co., a Div. of SOS Consol., Inc. v. Sioux Fall Const. Co., 487 NW2d 29, 32 (SD 1992) (“[W]here it appears that the plaintiff had no knowledge or means of knowledge of the omitted items in his first suit, his ignorance will excuse him and the judgment in the first action will not bar a subsequent action to recover on the omitted items.”); Bolte v. Aits, Inc., 60 Haw 58, 62, 587 P2d 810, 813-14 (1978) (“We adhere to the rule adopted by the majority of jurisdictions that have dealt with the problem that a former recovery will not bar claims of which the plaintiff was ignorant, even if those claim | 1 | 1 |
Du-Al Manufacturing Co. v. Sioux Falls Construction Co.green1 sentence2006Co., a Div. of SOS Consol., Inc. v. Sioux Fall Const. Co., 487 NW2d 29, 32 (SD 1992) (“[W]here it appears that the plaintiff had no knowledge or means of knowledge of the omitted items in his first suit, his ignorance will excuse him and the judgment in the first action will not bar a subsequent action to recover on the omitted items.”); Bolte v. Aits, Inc., 60 Haw 58, 62, 587 P2d 810, 813-14 (1978) (“We adhere to the rule adopted by the majority of jurisdictions that have dealt with the problem that a former recovery will not bar claims of which the plaintiff was ignorant, even if those claim | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re Bertoni
green
2 sentences2023Id. at 630 ; see also State v. M. 2023Id. at 630 ; see also State v. M. | 2 | 2023–2023 |
LEXTON-ANCIRA, INCORPORATED v. Kay
green
2 sentences1980And see Lexton-Ancira, Inc. v. Kay, 269 Or 1, 12 , 522 P2d 875 (1974). 1980And see Lexton-Ancira, Inc. v. Kay, 269 Or 1, 12 , 522 P2d 875 (1974). | 1 | 1980–1980 |
Ukase Inv. Co. v. Smith
neutral
2 sentences1980Co. v. Smith, 92 Or 337, 345 , 181 P 7 (1919), where it was held that the plea is not good unless the judgment in the first action would bar a judgment in the second. 1980Co. v. Smith, 92 Or 337, 345 , 181 P 7 (1919), where it was held that the plea is not good unless the judgment in the first action would bar a judgment in the second. | 1 | 1980–1980 |
Dick v. Gilmer
neutral
1 sentence1919The principle seems to be that Us pendens is not a good plea unless the judgment in the first action would bar 'a judgment in the second: Foster v. Napier, 73 Ala. 595 ; Dick v. Gilmer, 4 La. | 1 | 1919–1919 |
Gilpin v. Carroll
neutral
2 sentences1919Ann. 520 ; Martin v. Splivalo, 69 Cal. 611 ( 11 Pac. 484 ); Gilpin v. Carroll, 92 Md. 44 ( 47 Atl. 1021 ). 1919Ann. 520 ; Martin v. Splivalo, 69 Cal. 611 ( 11 Pac. 484 ); Gilpin v. Carroll, 92 Md. 44 ( 47 Atl. 1021 ). | 1 | 1919–1919 |
Foster v. Napier
green
1 sentence1919The principle seems to be that Us pendens is not a good plea unless the judgment in the first action would bar 'a judgment in the second: Foster v. Napier, 73 Ala. 595 ; Dick v. Gilmer, 4 La. | 1 | 1919–1919 |
Martin v. Splivalo
green
2 sentences1919Ann. 520 ; Martin v. Splivalo, 69 Cal. 611 ( 11 Pac. 484 ); Gilpin v. Carroll, 92 Md. 44 ( 47 Atl. 1021 ). 1919Ann. 520 ; Martin v. Splivalo, 69 Cal. 611 ( 11 Pac. 484 ); Gilpin v. Carroll, 92 Md. 44 ( 47 Atl. 1021 ). | 1 | 1919–1919 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.