OREGON-WASHINGTON WATER SERVICE CO. v. CITY OF HOQUIAM

No. 5549.

29 F.2d 566 (1928)

OREGON-WASHINGTON WATER SERVICE CO. v. CITY OF HOQUIAM et al.

Circuit Court of Appeals, Ninth Circuit.

November 30, 1928.


Attorney(s) appearing for the Case

McCamant & Thompson, of Portland, Or., and Theo. B. Bruener, of Aberdeen, Wash., for appellant.

W. H. Abel, of Montesano, Wash., and James P. H. Callahan, of Hoquiam, Wash., for appellees.

Warren Olney, Jr., A. Crawford Greene, F. F. Thomas, Jr., and Victor E. Kleven, all of San Francisco, Cal. (McCutcheon, Olney, Mannon & Greene, of San Francisco, Cal., of counsel), amici curiæ.

Before RUDKIN, DIETRICH, and HUNT, Circuit Judges.


DIETRICH, Circuit Judge.

The main contention urged in the petition for a rehearing is that we failed to give consideration to the rule that a defendant may waive the objection that the action is premature by failing seasonably to interpose it in the trial court. While we think the grounds upon which the decision is made to rest reach deeper than mere prematurity, for the purpose of disposing of the contention we accept appellant's assumption in that respect. By General...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases