Dutro v. Ladd
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge.- Statement by Mr. Commissioner King. This is an action by' Thomas C. Dutro against William M. Ladd and others, as executors of the estate of W. S. Ladd, deceased, and another, to recover $5,000 attorney fees alleged to be due plaintiff from defendants for legal services furnished between December 15, 1896, and May 9, 1898. The complaint was filed May 7, 1904, at which time a copy of the summons was placed in the hands of the sheriff,…
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From Multnomah: John B. Cleland, Judge.- Statement by Mr. Commissioner King. This is an action by' Thomas C. Dutro against William M. Ladd and others, as executors of the estate of W. S. Ladd, deceased, and another, to recover $5,000 attorney fees alleged to be due plaintiff from defendants for legal services furnished between December 15, 1896, and May 9, 1898. The complaint was filed May 7, 1904, at which time a copy of the summons was placed in the hands of the sheriff, but not served until March 9, 1905, when personal service was had and the summons filed. Defendants answered, denying the…
1Opinion of the Court
Opinion by
Mr. Commissioner King.
1. It is urged by counsel for plaintiff that defendant, by appearing and answering to the merits and denying the allegations of the complaint is not entitled to maintain his affirmative defense. It is settled that, where it does not appear from an inspection of the complaint that the remedy is barred, the same may be averred in the answer: Hawkins v. Donnerberg, 40 Or. 97 (66 Pac. 691, 908). Section 73, B. & C. Comp., provides that the answer, maj’' contain any new matter constituting a defense; and Section 74, that the defendant may set forth by answer as many…
2Cases cited6 opinions
- Phelps v. . RaceyNew York Court of Appeals · 1875
- Smith v. DayOregon Supreme Court · 1901
- Burns v. White Swan Mining Co.Oregon Supreme Court · 1899
- State v. McGuireOregon Supreme Court · 1893
- Hawkins v. DonnerbergOregon Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Furrer v. Talent Irrigation DistrictOregon Supreme Court · 1970
- State v. YoungOregon Supreme Court · 1915
- Bell v. Quaker City Fire & Marine InsuranceOregon Supreme Court · 1962
- Matlock v. MatlockOregon Supreme Court · 1918
- Swank v. MoisanOregon Supreme Court · 1917
10 more not listed; retrieve them via the Exa API.