Philomath v. Ingle
Oregon Supreme Court
From Benton: James W. Hamilton, Judge. This is a proceeding' by writ of review. It appears from the transcript that J. W. Ingle, having commenced an action against the City of Philomath in the justice’s com’t of District No. 9, Benton County, Oregon, alleged in his complaint that said city was a municipal corporation; that E. A. Nichols and R. F. Holm, partners as Nichols & Holm, having, at its request, sold and delivered to it certain goods, of the reasonable value of…
Read the full summary
From Benton: James W. Hamilton, Judge. This is a proceeding' by writ of review. It appears from the transcript that J. W. Ingle, having commenced an action against the City of Philomath in the justice’s com’t of District No. 9, Benton County, Oregon, alleged in his complaint that said city was a municipal corporation; that E. A. Nichols and R. F. Holm, partners as Nichols & Holm, having, at its request, sold and delivered to it certain goods, of the reasonable value of $1.75, thereafter made an assignment for the benefit of their creditors, and the assignee sold the account to him; that he…
1Opinion of the CourtJustice Moore
It is contended by appellant’s counsel that the complaint, not having alleged that Ingle presented his account to the recorder of the City of Philomath to be audited, did not state facts sufficient to constitute a cause of action, and that, this being so, the court erred in dismissing the writ of review, and in not annulling the judgment of the justice’s court. It is maintained by respondent’s counsel, however, that the averment so omitted was not material, and, no demurrer to the complaint having been interposed, the judgment of the justice’s court cured the informal statement; besides, the…
2Cases cited10 opinions
- Booth v. MoodyOregon Supreme Court · 1896
- Sheridan v. City of SalemOregon Supreme Court · 1886
- Savage v. SavageOregon Supreme Court · 1899
- Beers v. Dalles CityOregon Supreme Court · 1888
- Nicolai v. KrimbelOregon Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1920
- State v. FunkOregon Supreme Court · 1921
- Duby v. HicksOregon Supreme Court · 1922
- Lindstrom v. National Life Ins.Oregon Supreme Court · 1917
- Thompson v. City of ChattanoogaTennessee Supreme Court · 1920
4 more not listed; retrieve them via the Exa API.