Legal Opinion

Ferguson v. Reiger

Oregon Supreme Court

Decided October 26, 1903PublishedCited by 11 opinions

From Multnomah: Melvin C. George, Judge. This is an action by W. Ferguson against O. N. Reiger to recover money commenced in a justice’s court in Multnomah County by filing a complaint of which the following is a copy: “Comes now the plaintiff, and for cause of action alleges : That at all the times mentioned in this complaint defendant is and was a resident of Portland District of Multnomah County, State of Oregon.

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From Multnomah: Melvin C. George, Judge. This is an action by W. Ferguson against O. N. Reiger to recover money commenced in a justice’s court in Multnomah County by filing a complaint of which the following is a copy: “Comes now the plaintiff, and for cause of action alleges : That at all the times mentioned in this complaint defendant is and was a resident of Portland District of Multnomah County, State of Oregon. That on or about the 17th day of February, 1901, at the special instance and urgent request and earnest solicitation of the defendant, plaintiff was induced to purchase from the…

1Opinion of the CourtChief Justice Moore

1. It is contended by defendant’s counsel that the complaint does not state facts sufficient to constitute a cause of action, and that such defect was not waived by answering to the merits, nor cured by the verdict. Findings made by a court upon the facts in an action tried before it with*509out the intervention of a jury are deemed a verdict (B. & G. Comp. § 159), and, though a verdict will not supply the omission to state some fact essential to the cause of action, it will cure all formal defects in a pleading, and establish every reasonable inference that can be drawn from the facts stated :…

2Cases cited7 opinions

  1. Graham v. MerchantOregon Supreme Court · 1903
  2. Seton v. HoytOregon Supreme Court · 1899
  3. Booth v. MoodyOregon Supreme Court · 1896
  4. Houghton & Palmer v. BeckOregon Supreme Court · 1881
  5. Close v. RiddleOregon Supreme Court · 1902

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Scott v. FordOregon Supreme Court · 1908
  2. Salitan v. DashneyOregon Supreme Court · 1959
  3. LITHIA LUMBER COMPANY v. LambOregon Supreme Court · 1968
  4. Lindstrom v. National Life Ins.Oregon Supreme Court · 1917
  5. Portland v. O'NeillOregon Supreme Court · 1920

6 more not listed; retrieve them via the Exa API.

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