Heidel v. Shute
Oregon Supreme Court
From ‘Washington: James A. Eakin, Judge. Suit by a cross-bill in equity by F. M. Heidel against J. W. Shute in which a demurrer to the cross-bill was sustained, a decree entered dismissing the suit and plaintiff appealed. Department 1. Statement by Me. Justice Benson. The facts of this case are as follows: Defendant Shute began an action at law against plaintiff Heidel seeking to recover upon two causes of action.
Read the full summary
From ‘Washington: James A. Eakin, Judge. Suit by a cross-bill in equity by F. M. Heidel against J. W. Shute in which a demurrer to the cross-bill was sustained, a decree entered dismissing the suit and plaintiff appealed. Department 1. Statement by Me. Justice Benson. The facts of this case are as follows: Defendant Shute began an action at law against plaintiff Heidel seeking to recover upon two causes of action. The first was upon a promissory note for $50 which has no connection with the questions submitted upon this appeal, and the second stating the cause of action as follows: “That on…
1Opinion of the CourtJustice Benson
1. The sole question presented for our consideration is: Does the cross-bill state facts entitling plaintiff to *213equitable relief? The pleading under consideration is quite long and contains an elaborate recital of many involved transactions, which we find it unnecessary to mention in detail. Defendant contends that all of these matters are purely counterclaims and therefore not defenses and consequently not proper matters in a cross-bill. The first paragraph of the complaint herein reads as follows:
“That on or about the 20th day of June, 1907, the plaintiff and the defendant entered into an…
2Cases cited4 opinions
- Ferguson v. HullIndiana Supreme Court · 1894
- Divan v. LoomisWisconsin Supreme Court · 1887
- Brossard v. WilliamsWisconsin Supreme Court · 1902
- Worth v. . WhartonSupreme Court of North Carolina · 1898
3Cited by6 opinions
- McDonough v. Southern Oregon Mining Co.Oregon Supreme Court · 1945
- French v. C. F. & T. Co.Oregon Supreme Court · 1928
- Hamilton v. Hamilton Mammoth Mines, Inc.Oregon Supreme Court · 1924
- HUNT v. BishopOregon Supreme Court · 1951
- Jacobson v. WHEELEROregon Supreme Court · 1951
1 more not listed; retrieve them via the Exa API.