Cooper v. Bogue
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Department 1. On September 1,1917, plaintiff began this action in tbe District Court of Multnomah County, to recover from the defendant $30.90, upon an account stated The defendant answered, denying tbe material allegations of tbe complaint, and also pleaded affirmatively three separate counterclaims.
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From Multnomah: John P. Kavanaugh, Judge. Department 1. On September 1,1917, plaintiff began this action in tbe District Court of Multnomah County, to recover from the defendant $30.90, upon an account stated The defendant answered, denying tbe material allegations of tbe complaint, and also pleaded affirmatively three separate counterclaims. Plaintiff demurred to tbe affirmative answers, and on November 2, 1917, the demurrer was overruled, and plaintiff refused to plead further. On November 12,1917, tbe case was tried in the District Court, resulting in a judgment rendered on the pleadings,…
1Opinion of the CourtBenson, J.
1. This case presents but one question for our consideration. Can a party prosecute *124an appeal from a judgment while a writ of review to the same court is still pending? This question has been definitely answered in the negative by this court, in the case of Clubine v. City of Merrill, 83 Or. 87 (163 Pac. 85). The two remedies are concurrent but they cannot be exercised at the same time.
The judgment, of the lower court is therefore affirmed. Affirmed.
McBride, C. J., and Burnett and Harris, JJ., concur.
2Cases cited1 opinion
- Clubine v. City of MerrillOregon Supreme Court · 1917
3Cited by3 opinions
- Bechtold v. WilsonOregon Supreme Court · 1947
- Kamm v. City of PortlandOregon Supreme Court · 1929
- Beebe v. City of St. HelensOregon Supreme Court · 1928