Jones v. Skiles
Oregon Supreme Court
From Marion: William Galloway, Judge J. 0. Jones filed in the Circuit Court of Marion County, Oregon, Department No. 2, a cross-bill in equity against G. W. Skiles and M. N. Lewis. Defendants interposed a demurrer and tbe same having been sustained, plaintiff appeals. Reversed and remanded. Department 1. Statement by Mr. Justice Benson. This is an appeal from the order of the trial court sustaining a demurrer to a cross-bill in equity.
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From Marion: William Galloway, Judge J. 0. Jones filed in the Circuit Court of Marion County, Oregon, Department No. 2, a cross-bill in equity against G. W. Skiles and M. N. Lewis. Defendants interposed a demurrer and tbe same having been sustained, plaintiff appeals. Reversed and remanded. Department 1. Statement by Mr. Justice Benson. This is an appeal from the order of the trial court sustaining a demurrer to a cross-bill in equity. The facts as gleaned from the complaint are as follows: On June 3, 1913, plaintiff was the owner of a business in Forest Grove, which consisted of stonecutting…
1Opinion of the CourtJustice Benson
1, 2. The foregoing statement does not include all the allegations found in the complaint, but enough has been set out to show that plaintiff’s liability upon the promissory notes sued upon in the actions at law is so inextricably involved with the partnership transactions that assuming these allegations to be true, as we must upon demurrer, nothing short of an accounting of such partnership business could furnish the data necessary to justly determine the issues of the actions at law. It is quite true as said by this court in Dose v. Beatie, 62 Or. 308, 316 (123 Pac. 383, 125 Pac. 277), that:
2Cases cited2 opinions
- Dose v. BeatieOregon Supreme Court · 1912
- Tooze v. HeightonOregon Supreme Court · 1916
3Cited by1 opinion
- Birkemeier v. OrinoOregon Supreme Court · 1942