Stewart v. Phy

By the Court,

Watson, C. J. :

The judgment appealed from is, in effect, that the complaint states no cause of action. The action was brought in the justice’s court, and taken from thence to the circuit court by appeal. From the judgment in the latter court, the present appeal was taken.

The complaint states in substance : That appellant, on September 21, 1881, gave respondent an order for six hundred dollars, on Bamberger & Frank, of Baker City, as an advance, and to be applied and credited upon a contract then existing between them for the purchase of calves. That respondent obtained the money…