Hume v. Woodruff
Oregon Supreme Court
Appeal from Curry: J. C. Fullerton, Judge. This is a suit by R. D. Hume to enjoin and restrain Chauncy Woodruff and others from interfering with what plaintiff claims and alleges to be a private fishery in Rogue River. A demurrer to the complaint because it did not state facts sufficient to constitute a cause of suit being sustained with leave to amend, the plaintiff filed an amended complaint, and at the same time a motion for a voluntary nonsuit.
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Appeal from Curry: J. C. Fullerton, Judge. This is a suit by R. D. Hume to enjoin and restrain Chauncy Woodruff and others from interfering with what plaintiff claims and alleges to be a private fishery in Rogue River. A demurrer to the complaint because it did not state facts sufficient to constitute a cause of suit being sustained with leave to amend, the plaintiff filed an amended complaint, and at the same time a motion for a voluntary nonsuit. This motion was denied by the court, and the amended complaint, on motion of the defendants, stricken from the files because it was sham,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
The only question presented for our determination is whether the plaintiff was entitled to a voluntary nonsuit. By section 402 of Hill’s Code a decree dismissing a suit may be given against the plaintiff in any of the cases specified in subdivisions 1, 2, and 3 of section 246, except the last clause of subdivision 3. By subdivision 1 referred to a plaintiff is entitled to a voluntary nonsuit at any time before trial, unless a counterclaim has been pleaded as a defense. Under our statute atrial is defined to be “the judicial examination of the issues between…
2Cases cited3 opinions
- Alley v. NottSupreme Court of the United States · 1884
- Wells v. ApplegateOregon Supreme Court · 1885
- Hexter v. SchneiderOregon Supreme Court · 1886
3Cited by17 opinions
- O'Hara v. ParkerOregon Supreme Court · 1895
- State v. RichardsonOregon Supreme Court · 1906
- Moore v. West Lawn Memorial Park, Inc.Oregon Supreme Court · 1973
- Ferguson v. IngleOregon Supreme Court · 1900
- Chance v. CarterOregon Supreme Court · 1916
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