Beneke v. Tucker
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Department 1. This is a suit to recover on a note for $1,750 and to foreclose a mortgage given as security for the debt. John Beneke and George F. Hauser, the plaintiffs, owned two lots in Portland, Oregon, and G. G. Tucker, the defendant, owned'a ten-acre orange grove in Los Angeles County, California.
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From Multnomah: Calvin U. Gantenbein, Judge. Department 1. This is a suit to recover on a note for $1,750 and to foreclose a mortgage given as security for the debt. John Beneke and George F. Hauser, the plaintiffs, owned two lots in Portland, Oregon, and G. G. Tucker, the defendant, owned'a ten-acre orange grove in Los Angeles County, California. The two lots in Portland were free from liens and charges except a street assessment amounting to about $350. The California tract was encumbered with two mortgages, one for $4,000 and the other for $3,600. On March 13, 1913, Beneke and Hauser…
1Opinion of the CourtHarris, J.
1, 2. The demurrer was directed against the answer as a whole and the ruling of the court was evidently predicated upon the theory that the action pending on appeal in the Supreme Court of California barred the second defense relied upon by the defendant. The Code specifically provides.that “another action pending” is a ground for demurrer when a complaint discloses that another action is pending between the same parties for the same cause; and when not appearing upon the face of the complaint the objection may be taken by answer: Sections 68 and 71, L. O. L. These two sections of the Code…
2Cases cited6 opinions
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- A. M. Sloan & Co. v. McDowellSupreme Court of North Carolina · 1876
- Crane v. LarsenOregon Supreme Court · 1887
- Hill v. HillSupreme Court of South Carolina · 1897
- McNamara v. McAllisterSupreme Court of Iowa · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Simmons v. Superior CourtCalifornia Court of Appeal · 1950
- Evans v. EvansCourt of Appeals of Texas · 1945
- Fry v. DH Overmyer Co., Inc.Oregon Supreme Court · 1974
- Fitch v. WhaplesSupreme Judicial Court of Maine · 1966
- Dodge v. Superior CourtCalifornia Court of Appeal · 1934
2 more not listed; retrieve them via the Exa API.