Howard v. Horticultural Fire Relief
Oregon Supreme Court
From Jackson: Robert G. Morrow, Judge. Statement by Mr. Justice Eakin. Tbis is an action by S. T. Howard, Jr., and George A. Morse against tbe Horticultural Fire Relief of Oregon. The facts are as follows: On or about December 10, 1912, a fruit cannery located near Medford, Oregon, together with its equipment and contents, was destroyed by fire.
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From Jackson: Robert G. Morrow, Judge. Statement by Mr. Justice Eakin. Tbis is an action by S. T. Howard, Jr., and George A. Morse against tbe Horticultural Fire Relief of Oregon. The facts are as follows: On or about December 10, 1912, a fruit cannery located near Medford, Oregon, together with its equipment and contents, was destroyed by fire. At tbe time of the said fire, and at the time of the issuance of the policies, hereinafter mentioned, the record title to the property to the ground upon which the same was located stood in the name of .S. T. Howard, Jr., and George A. Morse,…
1Opinion
Denied September 14, 1915.
On Petition for Rehearing.
(151 Pac. 476.)
Rehearing denied and former opinion approved.
Rehearing Denied.
Messrs. Veazie, McCourt & Veazie, for appellant.
Messrs. Boggs & Wilson and Mr. William I. Vawter, for respondent.
Department 2.
2Opinion of the CourtJustice Eakin
3. This is a motion for a rehearing. Plaintiff urges the application of the same rule as stated in Stanchfield Warehouse Co. v. Central R. R. Co., 67 Or. 396 (136 Pac. 34), to the effect that pleading over after demurrer is overruled waives the demurrer. The second point in the syllabi states:
‘ ‘ Plaintiff, by pleading over after a demurrer…
3Cases cited1 opinion
- Stanchfield Warehouse Co. v. Central R.Oregon Supreme Court · 1913