Bibber v. Fields
Oregon Supreme Court
Appeal from Lane: Geo. H. Burnett, Judge. This is an action by J. IL Van Bibber against Hugh Fields to recover the sum of nine hundred and eighty dollars and fifty cents for work and labor alleged to have been performed by plaintiff for the defendant.
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Appeal from Lane: Geo. H. Burnett, Judge. This is an action by J. IL Van Bibber against Hugh Fields to recover the sum of nine hundred and eighty dollars and fifty cents for work and labor alleged to have been performed by plaintiff for the defendant. The answer denies all the allegations of the complaint, except certain items for labor, aggregating two hundred and thirteen dollars and twenty-five cents, and sets up, as a counterclaim, divers and sundry items, among which are thirty dollars for wood, twenty dollars for the use of a wagon, fifty dollars for pasturage, grain, and feed for…
1Opinion of the Court
Opinion by
Mr. Justice Bean.
The notice of appeal contains numerous assignments of error, but as the greater portion of them seem to be based upon some supposed ruling of the trial court which is not made a matter of record by the bill of exceptions or otherwise, they are unavailable on appeal, and will be passed over without further notice.
1. The first question presented by the record is as to the correctness of the action of the trial court in overruling the defendant’s motion to strike out the affirmative matter in the reply, and in not sustaining a demurrer thereto. The defendant contends…
2Cases cited1 opinion
- Wilhelm v. WoodcockOregon Supreme Court · 1884
3Cited by5 opinions
- Farrell v. Oregon Gold Co.Oregon Supreme Court · 1897
- Grimes v. BarndollarSupreme Court of Colorado · 1914
- Shaughnessy v. KimballOregon Supreme Court · 1923
- Trummer v. KonradOregon Supreme Court · 1897
- Balfour v. DayOregon Supreme Court · 1898