Smith v. Algona Lumber Co.
Oregon Supreme Court
Motion to dismiss appeal denied and motion to supply record allowed. From Klamath: Henry L. Benson, Judge. This is an action by Hattie Boy Smith against the Algona Lumber Company, a corporation. From a judgment for the plaintiff, defendant appeals. Respondent moves to dismiss the appeal and appellant files motion to supply the record. Motion to dismiss denied and motion to supply record allowed.
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Motion to dismiss appeal denied and motion to supply record allowed. From Klamath: Henry L. Benson, Judge. This is an action by Hattie Boy Smith against the Algona Lumber Company, a corporation. From a judgment for the plaintiff, defendant appeals. Respondent moves to dismiss the appeal and appellant files motion to supply the record. Motion to dismiss denied and motion to supply record allowed. Submitted on brief without arguments under the proviso of Supreme Court Rule 18: 56 Or. 622 (117 Pac. xi).
1Opinion
On the Merits.
From Klamath: Henry L. Benson, Judge.
Department 2. Statement by Mr. Justice Eakin.
This is an action of ejectment to which there are three defenses set up: (1) An allegation of ownership in fee by the defendant; (2) that plaintiff’s cause of *8action did not accrue within 10 years; (3) an attempt to plead a title by the statute of limitations.
Aeeirmed. Rehearing Denied.
For appellant there was a brief over the names of Mr. H. M. Manning and Mr. G. M. Oneill, with an oral argument by Mr. Manning,
For respondent there was a brief and an oral argument by Mr. William G. Hale.
2Opinion of the CourtJustice Eakin
4. The only…
3Cases cited6 opinions
- Swift v. MulkeyOregon Supreme Court · 1886
- Sommer v. ComptonOregon Supreme Court · 1908
- Neal v. DavisOregon Supreme Court · 1909
- Hamilton v. FluornoyOregon Supreme Court · 1903
- Gump v. HalberstadtOregon Supreme Court · 1887
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