Logan v. Illinois Rivers Development Co.

Defendant’s first point is that questions of fact cannot be tried on a motion for judgment on the pleadings: Smith v. Aplanalp, 126 Or. 213 (267 Pac. 1070); Oregon & Western Colonization Co. v. Willoughby, 122 Or. 170 (257 Pac. 812). If there is an issue of fact joined in the pleadings, the decree on the pleadings was improper. Appellant claims that the provision in the decree for attorney’s fee is improper because there is no issue joined on that question. For that reason there is no issue of fact involved. Conceding, without deciding, that the court erred in providing for attorney’s fee in…