Hopwood v. Patterson
Oregon Supreme Court
Error to Jackson County. The facts .of this case are these : It. was an action for work and labor; the answer of the defendant sets up a defense to the merits, and also, in the same answer sets up as a farther defense, that, at the time of the commencement of this action, there was another snit pending for the same cause of action; but does not state that said former suit was still pending at the time of filing the answer.
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Error to Jackson County. The facts .of this case are these : It. was an action for work and labor; the answer of the defendant sets up a defense to the merits, and also, in the same answer sets up as a farther defense, that, at the time of the commencement of this action, there was another snit pending for the same cause of action; but does not state that said former suit was still pending at the time of filing the answer. The plaintiff in the court below demurred to that part of the answer which sets up the pendency of a former suit, and as causes of demurrer, assigns as follows: 1st. That…
1Opinion of the Court
Boise C. J.
The first question raised by this demurrer is, can an answer, in the nature of a plea in abatement, be joined, with an answer to the merits %
It is a question of practice under the Code; and its determination either way will not particularly affect the absolute rights of litigants; for they have a right to avail themselves of this defense, either in conjunction with the answer to the merits, or in a separate answer in the nature of a plea-in abatement ; and the question is, does the Code change the order in which such question should be presented and determined. The Statute page,…
2Cited by18 opinions
- Rafferty v. DavisOregon Supreme Court · 1909
- Chamberlain v. HibbardOregon Supreme Court · 1894
- Oregonian Ry. Co. v. Oregon Ry. & Nav. Co.United States Circuit Court · 1884
- Scholl v. BelcherOregon Supreme Court · 1912
- Callender Nav. Co. v. PomeroyOregon Supreme Court · 1912
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