right to file claim (Oregon) · Go Syfert
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right to file claim in Oregon

6 Oregon opinions name it 1 courts 1898–1981 0 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.

Followed or applied (1)

CaseFollowedCited
Fitch v. Howittgreen
or · 1898 · cited in 2 Oregon opinions naming this issue, 1928–1959
2 sentences

1959It is further argued: “Also, nonlienable items which were included in the lien were the very considerable items of unused material left on the job.” We quote from Fitch v. Howitt, 32 Or 396, 409 , 52 P 192 : “All the material so provided by Beach having been lienable, he had a right to file his claim for the full amount so supplied, which it must be presumed was used in the building; for it cannot be expected that a materialman would be obliged to watch the progress of a structure, to see that every stick of timber or other material so supplied by him was used therein, and if the owner would d

1959It is further argued: “Also, nonlienable items which were included in the lien were the very considerable items of unused material left on the job.” We quote from Fitch v. Howitt, 32 Or 396, 409 , 52 P 192 : “All the material so provided by Beach having been lienable, he had a right to file his claim for the full amount so supplied, which it must be presumed was used in the building; for it cannot be expected that a materialman would be obliged to watch the progress of a structure, to see that every stick of timber or other material so supplied by him was used therein, and if the owner would d

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Jenkins v. National Surety Co. green
scotus · 1928
2 sentences

1981"The general rule is that a surety may not claim subrogation against an insolvent debtor until the claims of creditors against the debtor have been paid in full. * * * In Jenkins v. National Surety Company, 277 U.S. 258 , 48 S. Ct. 445, 446 , 72 L.

1981"The general rule is that a surety may not claim subrogation against an insolvent debtor until the claims of creditors against the debtor have been paid in full. * * * In Jenkins v. National Surety Company, 277 U.S. 258 , 48 S. Ct. 445, 446 , 72 L.

11981–1981
Lough v. State Industrial Accident Commission green
or · 1922
2 sentences

1944This construction has been given in many cases when the term injury is used in the statute instead of the term accident as now employed in the Oregon statute, although a contrary construction was given in the case of Lough v. State Industrial Accident Commission, 104 Or. 313 , 207 P. 354 .

1944This construction has been given in many cases when the term injury is used in the statute instead of the term accident as now employed in the Oregon statute, although a contrary construction was given in the case of Lough v. State Industrial Accident Commission, 104 Or. 313 , 207 P. 354 .

11944–1944
Grants Pass Trust Co. v. Enterprise Mining Co. green
or · 1911
2 sentences

1915Co., 58 Or. 174 ( 113 Pac. 859 , 34 L.

1915Co., 58 Or. 174 ( 113 Pac. 859 , 34 L.

11915–1915
Harrisburg Lumber Co. v. Washburn green
or · 1896
1 sentence

1898The conclusion here reached is not in conflict with the opinion announced in the case of Harrisburg Lumber Company v. Washburn, 29 Or. 150 ( 44 Pac. 890 ); for in that case it was admitted that a portion of the material for which the plaintiff sought to enforce a lien against a church was furnished to be used in the construction of a sidewalk around the lots upon which, the building: was erected, thus showing that the purpose for which the material was supplied rendered it nonlienable as against the church.

11898–1898
Ghinaglia v. Domenech neutral
prsupreme · 1933
1 sentence

1898The conclusion here reached is not in conflict with the opinion announced in the case of Harrisburg Lumber Company v. Washburn, 29 Or. 150 ( 44 Pac. 890 ); for in that case it was admitted that a portion of the material for which the plaintiff sought to enforce a lien against a church was furnished to be used in the construction of a sidewalk around the lots upon which, the building: was erected, thus showing that the purpose for which the material was supplied rendered it nonlienable as against the church.

11898–1898

Where else courts name it

IL 13 (1957–2020) PA 9 (1929–2019) NM 6 (1969–1987) WA 6 (2013–2020) OK 6 (1945–1990) MD 6 (1952–2002) OR 6 (1898–1981) CA 5 (1932–2017) GA 5 (1986–2019) LA 4 (1986–2018) FL 4 (2010–2025) NY 4 (1901–1984) IN 4 (1873–1969) OH 3 (1937–1984) NE 3 (1931–2021) CT 2 (1997–1999) TX 2 (2008–2010) AZ 2 (1926–1955)

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.

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