Bade v. Hibberd
Oregon Supreme Court
From Union: Thomas H. Crawford, Judge. Statement by Mr. Chief Justice Bean. This action was commenced in the justice's court to recover money.
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From Union: Thomas H. Crawford, Judge. Statement by Mr. Chief Justice Bean. This action was commenced in the justice's court to recover money. The complaint alleges that between January and September, 1906, defendant became indebted to plaintiff in the sum of $369.50 for work and labor in cutting 79 acres of grain at the agreed price of $1.25 per acre, amounting to $98.75, and for 285 sacks of wheat sold and delivered at 95 cents per sack, amounting to $270.75, which defendant promised and agreed to pay; that no part thereof has been paid, except by the delivery to plaintiff of 120,000 feet…
1Opinion of the CourtChief Justice Bean
1. The motion to strike the reply from the transcript was properly denied. The record of the justice's court states that the reply was filed in that court before trial, and the justice attached such reply to the transcript and returned it as one of the original papers in the cause, and this record cannot be impeached by ex parte affidavits.
2. The fact that the justice failed to indorse on the reply the date of its filing is of no consequence. A paper is filed in contemplation of law when it is delivered to the proper officer with the intention that it shall become a part of the official *504record…
2Cases cited7 opinions
- Currey v. ButcherOregon Supreme Court · 1900
- Booth v. MoodyOregon Supreme Court · 1896
- McCall v. PorterOregon Supreme Court · 1902
- Habighorst v. ConantOregon Supreme Court · 1903
- Patterson v. PattersonOregon Supreme Court · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Stull v. HokeOregon Supreme Court · 1997
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1920
- Davis v. Tyee Industries, Inc.Oregon Supreme Court · 1983
- Western Feed Co. v. HeidloffOregon Supreme Court · 1962
- Hillman v. YoungOregon Supreme Court · 1912
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