Rader v. Barr
Oregon Supreme Court
Grant county: James A. Fee, Judge. Plaintiff appeals. This action was commenced in justice’s court for Long Creek precinct, Grant county, Oregon. After the service of summons, the defendant appeared in said justice’s court and filed his answer denying each material allegation of the complaint.
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Grant county: James A. Fee, Judge. Plaintiff appeals. This action was commenced in justice’s court for Long Creek precinct, Grant county, Oregon. After the service of summons, the defendant appeared in said justice’s court and filed his answer denying each material allegation of the complaint. Thereafter, both the plaintiff and the defendant appeared in said justice’s court, and the defendant consented that judgment be rendered against him for the amount demanded by the complaint, which judgment was accordingly entered. Thereafter, the defendant served notice of appeal to the circuit court,…
1Opinion of the CourtStrahan, C. J.
A single question was presented in this court, and that was, the action of the trial cou'rt in refusing to dismiss the appeal from the justice. By consenting to the rendition of a judgment in favor of the plaintiff by the justice for the amount claimed, the defendant, in effect, waived his answer and left no issue in the case to be tried, and from such a judgment no appeal lies. (La Societe v. Beardslee, 63 Cal. 160; Conniff v. Kahn, 54 Cal. 283.) The reason of this rule is plain. Courts are held to try real controversies between parties; but consent ends all contention, and leaves nothing…
2Cases cited2 opinions
- La Societe Francaise D'Epargnes et de Prevoyance Mutuelle v. BeardsleeCalifornia Supreme Court · 1883
- Conniff v. KahnCalifornia Supreme Court · 1880
3Cited by17 opinions
- Schmidt v. Oregon Gold Mining Co.Oregon Supreme Court · 1895
- West Pub. Co. v. Lawyers' Co-Operative Pub. Co.Court of Appeals for the Second Circuit · 1897
- Russell v. SheahanOregon Supreme Court · 1996
- Westfall v. WilsonOregon Supreme Court · 1970
- Twitchell v. RisleyOregon Supreme Court · 1910
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