Utah-Idaho Sugar Co. v. Lewis
Oregon Supreme Court
From Josephine: Frank M. Calkins, Judge. Department 1. TMs is an action in replevin. The complaint charges the wrongful taking and detention of the property to have been accomplished by Will C. Smith, who is the only person named as defendant. To this complaint a demurrer was filed upon the ground that it does not state facts sufficient to constitute a cause of action.
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From Josephine: Frank M. Calkins, Judge. Department 1. TMs is an action in replevin. The complaint charges the wrongful taking and detention of the property to have been accomplished by Will C. Smith, who is the only person named as defendant. To this complaint a demurrer was filed upon the ground that it does not state facts sufficient to constitute a cause of action. Thereafter, and before any •hearing was had upon the demurrer, the plaintiff filed a motion wherein it was sought— “To substitute George W. Lewis, as sheriff of Josephine County, in lieu of the defendant Will C. Smith, as such…
1Opinion of the CourtBenson, J.
1. The first assignment of error challenges the propriety of the court’s action in ordering *227the substitution of Lewis as defendant in the action. If, in the first instance, there was any merit in this contention, the defendant by answering and seeking affirmative relief, has made himself a proper and necessary party and waived any objection he may have had to being made a defendant: Johnson v. White, 60 Or. 611 (112 Pac. 1083, 119 Pac. 769).
2. It is next urged that it was error to overrule the demurrer to the complaint. It must be remembered that this demurrer was filed by the former…
2Cases cited5 opinions
- Catlin v. JonesOregon Supreme Court · 1906
- Treadgold v. WillardOregon Supreme Court · 1916
- Turner v. CorbettOregon Supreme Court · 1880
- Johnson v. WhiteOregon Supreme Court · 1912
- Wilson v. Investment Co.Oregon Supreme Court · 1916
3Cited by4 opinions
- Nealan v. RingOregon Supreme Court · 1919
- Castro v. OgburnCourt of Appeals of Oregon · 1996
- Castro v. OgburnCourt of Appeals of Oregon · 1996
- Jeffries v. PankowOregon Supreme Court · 1924