Gabel v. Armstrong
Oregon Supreme Court
From. Multnomah: Calvin TJ. Gantenbein, Judge. Department 1. This is a suit brought to foreclose a chattel mortgage on a bakery, given to secure promissory notes of the defendant, aggregating $2,500. Payments had been made on the debt and at the time the suit was brought, the balance due was alleged to be $1,100 with interest. The defendant was permitted to file four answers. Plaintiff’s demurrer to the affirmative matter in the fourth amended answer was sustained.
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From. Multnomah: Calvin TJ. Gantenbein, Judge. Department 1. This is a suit brought to foreclose a chattel mortgage on a bakery, given to secure promissory notes of the defendant, aggregating $2,500. Payments had been made on the debt and at the time the suit was brought, the balance due was alleged to be $1,100 with interest. The defendant was permitted to file four answers. Plaintiff’s demurrer to the affirmative matter in the fourth amended answer was sustained. The court refused to permit defendant to file a fifth answer and the case was tried on the complaint and the denials contained in…
1Opinion of the CourtMcCAMANT, J.
1. Error is assigned on the refusal of the Circuit Court to permit defendant to file a fifth amended answer. Permission to amend after a demurrer is sustained should ordinarily be granted, but the matter rests in the discretion of the court: West v. McDonald, 74 Or. 421, 423 (144 Pac. 655). In the case at bar we are advised by the briefs of certain matters which should have inclined the Circuit Court to be *87liberal in permitting defendant to amend. These matters do not otherwise appear from the record. We cannot say that there was an abuse of the court’s discretion when defendant was denied…
2Cases cited19 opinions
- Swank v. ElwertOregon Supreme Court · 1910
- Rolfes v. RusselOregon Supreme Court · 1875
- Allen v. HennIllinois Supreme Court · 1902
- Cooper v. Hillsboro Garden TractsOregon Supreme Court · 1915
- Hanna v. HopeOregon Supreme Court · 1917
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3Cited by17 opinions
- Cutsforth v. KINZUA CORPORATIONOregon Supreme Court · 1973
- Rogue River Management Co. v. ShawOregon Supreme Court · 1966
- Milton v. HareOregon Supreme Court · 1929
- Pearson v. RichardsOregon Supreme Court · 1922
- Housley v. Linnton Plywood Ass'nOregon Supreme Court · 1957
12 more not listed; retrieve them via the Exa API.