Cody Lumber Co. v. Coach
Oregon Supreme Court
From Coos: John S. Coke, Judge. Department 1. Statement by Mr. Justice Benson. ■ This is a suit in equity by cross-bill by the Cody Lumber Company, a corporation, against Arthur T. Coach, Joseph W. Coach and Mary E. Cary. The facts are as follows: On the 12th day of April, 1913, the defendants herein began an action at law against plaintiff for the collection of seven promissory notes aggregating the sum of $14,140.81, with interest.
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From Coos: John S. Coke, Judge. Department 1. Statement by Mr. Justice Benson. ■ This is a suit in equity by cross-bill by the Cody Lumber Company, a corporation, against Arthur T. Coach, Joseph W. Coach and Mary E. Cary. The facts are as follows: On the 12th day of April, 1913, the defendants herein began an action at law against plaintiff for the collection of seven promissory notes aggregating the sum of $14,140.81, with interest. Thereafter the plaintiff herein, as defendant in such action at law, filed an answer to the complaint, and then filed its cross-bill in equity, in which are set…
1Opinion of the CourtJustice Benson
1. Counsel for plaintiff contends that, when the cross-bill in equity is dismissed, the court has no jurisdiction in either the action at law or the suit in equity, to render a judgment upon matters constituting a cause of action at law, and cites, in support thereof: Small v. Lutz, 34 Or. 131 (55 Pac. 529, 58 Pac. 79); Finney v. Egan, 43 Or. 3 (72 Pac. 136) ; Hill v. Cooper, 6 Or. 181.
In the case óf Small v. Lutz, the court simply held that, when the cross-bill does not state facts entitling the plaintiff to equitable relief, the court does not acquire jurisdiction but must dismiss the suit…
2Cases cited3 opinions
- Hill v. CooperOregon Supreme Court · 1876
- Finney v. EganOregon Supreme Court · 1903
- Small v. LutzOregon Supreme Court · 1899
3Cited by6 opinions
- Mogul Transportation Co. v. LarisonOregon Supreme Court · 1947
- Crossen v. CampbellOregon Supreme Court · 1921
- Bell v. SpainOregon Supreme Court · 1924
- Hooper v. PennickOregon Supreme Court · 1921
- Pottenger v. BondIndiana Court of Appeals · 1924
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