Turner v. Cyrus
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Department 1. This is an action brought by L. H. Turner against A. E. Cyrus. The complaint alleges, in substance, that L. H. Turner & Co. authorized Cyrus to collect certain rents due to the former; that Cyrus collected $150 “for and on account of the said L. H. Turner & Co.”; that although “L. H. Turner & Co. demanded said $150 of” Cyrus, he refused to pay, “and the same is now due”; and that the account “was duly assigned to the…
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From Clatsop: James A. Eakin, Judge. Department 1. This is an action brought by L. H. Turner against A. E. Cyrus. The complaint alleges, in substance, that L. H. Turner & Co. authorized Cyrus to collect certain rents due to the former; that Cyrus collected $150 “for and on account of the said L. H. Turner & Co.”; that although “L. H. Turner & Co. demanded said $150 of” Cyrus, he refused to pay, “and the same is now due”; and that the account “was duly assigned to the plaintiff herein, and is now his property.” The answer consisted of a general denial. Both parties consenting, the cause was…
1Opinion of the CourtHarris, J.
The court made no findings of fact except the “findings of fact” already quoted. The defendant contends that the “findings of fact” made by the court are not sufficient within the rule applied in Drainage Dist. No. 4 v. Crow, 20 Or. 535 (26 Pac. 845). The plaintiff argues that, when properly construed, the opinion in Drainage Dist. No. 4 v. Crow, 20 Or. 535 (26 Pac. 845), does not announce that an omnibus finding that the allegations contained in a complaint are true or not true, as the case may be, is insufficient to sustain a judgment. The only question presented by this appeal is whether…
2Cases cited34 opinions
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Heintz v. CooperCalifornia Supreme Court · 1894
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Farmer v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- Bard v. KleebWashington Supreme Court · 1890
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3Cited by16 opinions
- Maeder Steel Products Co. v. ZanelloOregon Supreme Court · 1923
- Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
- Oregon Home Builders v. Montgomery Inv. Co.Oregon Supreme Court · 1919
- Franklin v. NorthrupOregon Supreme Court · 1923
- State v. PayneCourt of Appeals of Oregon · 2019
11 more not listed; retrieve them via the Exa API.