Hamm v. Basche
Oregon Supreme Court
Baker county: M. D. Clifeokd, Judge. Plaintiff appeals. This is an action commenced by the plaintiff against the defendants to recover for work, labor, and services, alleged to have been performed by plaintiff and his assignors for the defendants in the construction of what is known as the “ Seven Devils wagon road,” amounting to eight hundred and four dollars and eighty-seven cents and interest.
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Baker county: M. D. Clifeokd, Judge. Plaintiff appeals. This is an action commenced by the plaintiff against the defendants to recover for work, labor, and services, alleged to have been performed by plaintiff and his assignors for the defendants in the construction of what is known as the “ Seven Devils wagon road,” amounting to eight hundred and four dollars and eighty-seven cents and interest. The plaintiff, by his complaint, which is made up of seven distinct causes of action, alleges an indebtedness to him from the defendants on account of certain work, labor, and services, performed by…
1Opinion of the CourtStkahan, C. J.
The ruling of the court below seems to have been based upon the theory that the plaintiff, having declared upon a joint liability against all of the defendants, and having voluntarily dismissed his action as to two of them, he was precluded from proceeding to judgment against the others. In this view the court erred. Section 244, Hill’s Code, provides: “Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants”; and section 245 provides: “In an action against several defendants, the court may, in its d iscretion, render…
2Cases cited11 opinions
- Roth v. Northern Pacific Lumbering Co.Oregon Supreme Court · 1889
- Lewis v. ClarkinCalifornia Supreme Court · 1861
- Brumskill v. . JamesNew York Court of Appeals · 1854
- Claflin v. ButterlyThe Superior Court of New York City · 1856
- Fisk v. HenarieOregon Supreme Court · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tillamook Dairy Ass'n v. SchermerhornOregon Supreme Court · 1897
- Cox v. AlexanderOregon Supreme Court · 1896
- Bertin & Lepori v. MattisonOregon Supreme Court · 1916
- Belknap v. WhitmireOregon Supreme Court · 1903
- Chagnot v. LabbeOregon Supreme Court · 1937
1 more not listed; retrieve them via the Exa API.