Thienes v. Francis
Oregon Supreme Court
Decided September 16, 1913. On Motion to Dismiss. (134 Pae. 1195.) From Lane: Lawrence T. Harris, Judge. Department 1. Statement by Mr. Justice Ramsey. This is a suit by W. O. Thienes against I. M. Francis and A. M. Brewer. The facts are as follows: I. M. Francis commenced an action at law in the Circuit Court of Lane County against W. C. Thienes to recover money.
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Decided September 16, 1913. On Motion to Dismiss. (134 Pae. 1195.) From Lane: Lawrence T. Harris, Judge. Department 1. Statement by Mr. Justice Ramsey. This is a suit by W. O. Thienes against I. M. Francis and A. M. Brewer. The facts are as follows: I. M. Francis commenced an action at law in the Circuit Court of Lane County against W. C. Thienes to recover money. The defendant in that action, and plaintiff in this suit, upon filing an answer therein, also at the same time filed his complaint in equity, -in the nature of a cross-bill, setting up facts which he claimed required the…
1Opinion of the CourtJustice Ramsey
This is a motion for a dismissal of the appeal in this suit. The respondent Francis asks that this appeal be dismissed for the alleged reasons that, in the action at law referred to in the above statement of facts, the defendant therein and plaintiff in this suit filed his answer to the amended complaint in said action and voluntarily took part in the trial thereof, after the decree in this suit was rendered, without having first appealed this case, and because, as the defendant alleges, the plaintiff accepted the benefits of said decree and by so doing waived his right to appeal, etc.
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