Forbis v. Inman
Oregon Supreme Court
Multnomah County. E. D. Shattuce;, Judge. Defendant appeals. This is an action originally commenced in the justice’s court for East Portland precinct, Multnomah County, Oregon, by respondents Forbis & Co. against Inman, Poulsen & Co., to recover f60.80 upon a quantum meriut for work, labor, and materials performed and furnished by them to respondents in the following manner, to wit: Respondents and appellants both had separate contracts with the city of East Portland for…
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Multnomah County. E. D. Shattuce;, Judge. Defendant appeals. This is an action originally commenced in the justice’s court for East Portland precinct, Multnomah County, Oregon, by respondents Forbis & Co. against Inman, Poulsen & Co., to recover f60.80 upon a quantum meriut for work, labor, and materials performed and furnished by them to respondents in the following manner, to wit: Respondents and appellants both had separate contracts with the city of East Portland for the» construction of side and crosswalks upon H street in said city, each party having the work upon certain blocks…
1Opinion of the CourtMoore, J.
Hill’s Code, § 581, makes the writ of review concurrent with an appeal. The plaintiffs could have taken an appeal or could have had the action of the justice’s court reviewed. They chose to take an appeal, and the only issue the circuit court could try on the appeal was the one raised in the justice’s court upon the demurrer: Hill’s Code, § 2130. The circuit court had no authority to allow an answer to be filed after the demurrer was overruled, as this would have changed the issue made in the justice’s court from one of law to that of fact: Currie v. Southern Pacific Co. 21 Or. 566 (28 Pac.…
2Cases cited8 opinions
- Glenn v. SavageOregon Supreme Court · 1887
- Bartholomew v. JacksonNew York Supreme Court · 1822
- Allen v. BrysonSupreme Court of Iowa · 1885
- Frear v. HardenberghNew York Supreme Court · 1810
- Augustus v. SeaboltCourt of Appeals of Kentucky · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. FunkOregon Supreme Court · 1921
- Clubine v. City of MerrillOregon Supreme Court · 1917
- Meyer v. LivesleyOregon Supreme Court · 1910
- Waggy v. ScottOregon Supreme Court · 1896
- Higgins v. FieldsOregon Supreme Court · 1935
6 more not listed; retrieve them via the Exa API.