Swank v. Moisan
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Action by Sberm Swank against Mart T. Moisan and J. M. Moisan in wbicb plaintiff recovered judgment and defendants appeal. Reversed and remanded. Department 2. Statement by Mr. Justice Mc-Camant. This is an action on a promissory note for $750 given by tbe defendants to plaintiff. October 5, 1912. Tlie complaint is in tbe usual form. Tbe answer denies tbe allegations of tbe complaint “except as hereinafter alleged.”
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From Marion: Percy R. Kelly, Judge. Action by Sberm Swank against Mart T. Moisan and J. M. Moisan in wbicb plaintiff recovered judgment and defendants appeal. Reversed and remanded. Department 2. Statement by Mr. Justice Mc-Camant. This is an action on a promissory note for $750 given by tbe defendants to plaintiff. October 5, 1912. Tlie complaint is in tbe usual form. Tbe answer denies tbe allegations of tbe complaint “except as hereinafter alleged.” A first affirmative answer alleges an agreement between tbe parties for tbe exchange of a runabout owned by defendants for a touring car owned…
1Opinion of the Court
Mr. Jtjstice McCamant
delivered the opinion of the court.
1. This appeal raises only one question of law: Did the Circuit Court err in requiring defendants to elect on which of their affirmative defenses they would stand? The power of the Circuit Court to require such election in a proper case is well established, Harvey v. Southern Pacific, 46 Or. 505, 512 (80 Pac. 1061), provided that the application of the adverse party is made seasonably: Rosenwald v. Oregon City Transp. Co., 84 Or. 15 (163 Pac. 831, 833). The action of the court in requiring an election must he based on some good reason…
2Cases cited34 opinions
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3Cited by14 opinions
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