Swank v. Elwert
Oregon Supreme Court
From Multnomah: Thomas O’Day, Judge. Statement by Mr. Justice Slater. The defendant C. P. Elwert, on November 16, 1905, leased his building in Portland to one Hutchinson, for the term of one year, for rooming house purposes, at a stipulated rental, payable monthly in advance,, on the 16th of each month.
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From Multnomah: Thomas O’Day, Judge. Statement by Mr. Justice Slater. The defendant C. P. Elwert, on November 16, 1905, leased his building in Portland to one Hutchinson, for the term of one year, for rooming house purposes, at a stipulated rental, payable monthly in advance,, on the 16th of each month. The lease contained a clause to the effect that the lessor should “hold the furniture as a lien for the rent,” which was not to be removed from the building during the term of the lease until all rents were paid; that the furniture should not be sold without the consent in writing of the…
1DissentJustice King
1. The motion to strike out was upon the grounds that the parts of the answer to which it was directed were sham, frivolous, and irrelevant. It is claimed by defend*493ants’ counsel that this motion is not available to plaintiff, because it did not assail the entire answer, but only specified portions thereof, and in support of his contention he cites Section 76, B. & C. Comp., providing that “sham, frivolous, and irrelevant answers and defenses may be stricken out on motion, and upon such terms as the court may in its discretion impose.” He also relies upon the case of Brown v. Baker, 39 Or. 66,…
2Cases cited20 opinions
- Tucker v. HamlinTexas Supreme Court · 1883
- Backhaus v. BuellsOregon Supreme Court · 1903
- Brown v. BakerOregon Supreme Court · 1901
- Velsian v. LewisOregon Supreme Court · 1888
- Mayes v. StephensOregon Supreme Court · 1901
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3Cited by48 opinions
- Hall v. WorkOregon Supreme Court · 1960
- Lee Tung v. BurkhartOregon Supreme Court · 1911
- Gover v. Central Vermont Railway Co.Supreme Court of Vermont · 1922
- Huffman and Wright Logging Co. v. WadeOregon Supreme Court · 1993
- State v. IslamOregon Supreme Court · 2016
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