Legal Opinion

Cody Lumber Co. v. Coach

Oregon Supreme Court

Decided March 9, 1915PublishedCited by 6 opinions

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

  1. Hill v. CooperOregon Supreme Court · 1876
  2. Finney v. EganOregon Supreme Court · 1903
  3. Small v. LutzOregon Supreme Court · 1899

3Cited by6 opinions

  1. Mogul Transportation Co. v. LarisonOregon Supreme Court · 1947
  2. Crossen v. CampbellOregon Supreme Court · 1921
  3. Bell v. SpainOregon Supreme Court · 1924
  4. Hooper v. PennickOregon Supreme Court · 1921
  5. Pottenger v. BondIndiana Court of Appeals · 1924

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