Legal Opinion

Miller v. Fisher

Oregon Supreme Court

Decided October 13, 1915PublishedCited by 2 opinions

From Multnomah.: William N. G-atens, Judge. Statement by Mr. Chief Justice Moore. This is a suit by B. H. Miller and Edith E. Miller against Julius Fisher, Harry Fisher, Augusta Fisher and Mary Fisher, to enjoin the maintenance of an action at law.

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From Multnomah.: William N. G-atens, Judge. Statement by Mr. Chief Justice Moore. This is a suit by B. H. Miller and Edith E. Miller against Julius Fisher, Harry Fisher, Augusta Fisher and Mary Fisher, to enjoin the maintenance of an action at law. The facts disclosed by the complaint in equity, which is in the nature of a cross-bill, are to the effect that James Steel and his wife, being the owners of a tract of land, in Multnomah County, Oregon, described as beginning at a point 52 rods east of the southwest corner of the southeast quarter of section 16, in township 1 north of range 1 east,…

1Opinion of the Court

Opinion by

Mr. Chief Justice Moore.

1. The second ground of the demurrer is without merit, for the statute declares that:

“In an action at law, where the defendant is entitled to relief, arising out of facts requiring the interposition of a court of equity, and material to his defense, he may, upon filing his answer therein, also as plaintiff, file a complaint in equity, in the nature of a cross-bill, which shall stay the proceeding’s at law, and the case thereafter .shall proceed as in a suit in equity, in which said proceedings may be perpetually enjoined by final decree, or allowed to proceed…

2Cases cited3 opinions

  1. Dose v. BeatieOregon Supreme Court · 1912
  2. Wood v. FiskOregon Supreme Court · 1904
  3. Moore v. FrazerOregon Supreme Court · 1888

3Cited by2 opinions

  1. Templeman v. LeighOregon Supreme Court · 1929
  2. Tooze v. HeightonOregon Supreme Court · 1916

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