Legal Opinion

Rockwood v. Grout

Oregon Supreme Court

Decided February 8, 1910PublishedCited by 17 opinions

From Coos: James W. Hamilton, Judge. This is an action by E. M. Rockwood against J. W. Grout and others. From an order sustaining a demurrer to an amended complaint, plaintiff appeals.

1Opinion of the Court

*390This is an attempted appeal from an order of the circuit court for Coos County, sustaining a demurrer to an amended complaint. An appeal may be taken from a final order affecting a substantial right and which in effect determines .the action or suit, so as to prevent a judgment or decree therein. Section 547, B. & C. Comp. The order herein is not final, since it does not settle the legal controversy. The trial court, after sustaining the demurrer, retained jurisdiction of the suit, and at its discretion could have permitted the amended complaint further to be amended, or it could have allowed…

2Cases cited1 opinion

  1. Giant Powder Co. v. Oregon Western Ry. Co.Oregon Supreme Court · 1909

3Cited by17 opinions

  1. Smith v. McDuffeeOregon Supreme Court · 1914
  2. Bagley v. BlochOregon Supreme Court · 1917
  3. McMaster v. RubyOregon Supreme Court · 1916
  4. Salem King's Products Co. v. La FolletteOregon Supreme Court · 1921
  5. St. Dennis v. HarrasOregon Supreme Court · 1909

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