Ketchum v. State
Oregon Supreme Court
Appeal from Clatsop County. On the 12th day of January A. D. 1853, the legislature of the territory of Oregon appointed commissioners to locate a road from near Astoria to the Willamette valley, and authorized them to procure all necessary assistance, &c., and promised to pay such aid at the rate of five dollars per day.
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Appeal from Clatsop County. On the 12th day of January A. D. 1853, the legislature of the territory of Oregon appointed commissioners to locate a road from near Astoria to the Willamette valley, and authorized them to procure all necessary assistance, &c., and promised to pay such aid at the rate of five dollars per day. Plaintiff, Ketchum, was one of the persons so employed, and on presentation of' his claim to the legislature in 1854,5, received three dollars only for each day; leaving a balance of two dollars per day unpaid. He also presented a claim for services of horses used by the said…
1Opinion of the CourtWilson, J.
The demurrer specifies one general, and one special ground; one being to the merits of the case, and the other operating as a bar. The application of a few well known principles will dispose of the first ground. The demurrer admitting the truth of all the alleged facts, and denying their sufficiency, claims a judgment in law. The first ground of demurrer goes to the whole complaint. There are clearly two distinct causes of action in the complaint, upon each of which plaintiff relied for recovery. The first is for the balance of a claim, concerning whose validity there can be no doubt since…
2Cases cited2 opinions
- Samuel Sprigg, in Error v. The Bank of Mount PleasantSupreme Court of the United States · 1836
- Tubbs v. Caswell & PettitCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by7 opinions
- Foss v. MarrNebraska Supreme Court · 1894
- Baker v. City of MilwaukieCourt of Appeals of Oregon · 1974
- Waggy v. ScottOregon Supreme Court · 1896
- State v. CastilloCourt of Appeals of Oregon · 2021
- McCracken v. StateNevada Supreme Court · 1917
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