State v. Pacific Live Stock Co.
Oregon Supreme Court
From Harney: Dalton Biggs, Judge. In Banc. This is a suit brought by the státe against the defendant to set aside and cancel the deéds to about fourteen thousand acres of state lands, which had been conveyed by the state to the defendant, npon the ground of fraud. Tbe defendant appeared and filed a demurrer to the complaint, upon the ground tbat it did not £ £ state facts sufficient to constitute a cause of suit,” and also upon special grounds stated therein.
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From Harney: Dalton Biggs, Judge. In Banc. This is a suit brought by the státe against the defendant to set aside and cancel the deéds to about fourteen thousand acres of state lands, which had been conveyed by the state to the defendant, npon the ground of fraud. Tbe defendant appeared and filed a demurrer to the complaint, upon the ground tbat it did not £ £ state facts sufficient to constitute a cause of suit,” and also upon special grounds stated therein. Thereafter the demurrer was overruled. Tbe defendant then answered with a denial of the essential allegations of plaintiff’s complaint,…
1Opinion of the CourtBennett, J.
1. The principal question presented in the case, is as to whether a plaintiff may take a *198voluntary nonsuit under the provisions of Section 182, L. O. L., made applicable to suits in equity by Section 410, L. O. L., after a demurrer has been filed and disposed of. The question has been very ably and exhaustively briefed and presented, by the attorneys on each side, and depends entirely upon the construction of the first clause of Section 182, reading as follows :
“A judgment of nonsuit may be given against a plaintiff, as provided in this chapter — on motion of the plaintiff, at any time before…
2Cases cited13 opinions
- Ferguson v. IngleOregon Supreme Court · 1900
- Currie v. Southern Pacific Co.Oregon Supreme Court · 1893
- Currie v. Southern Pacific Co.Oregon Supreme Court · 1892
- Le Clare v. ThibaultOregon Supreme Court · 1902
- Hume v. WoodruffOregon Supreme Court · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Dean Vincent, Inc. v. Krishell Laboratories, Inc.Oregon Supreme Court · 1975
- Hunters Ridge Condominium Ass'n v. Sherwood Crossing, LLCCourt of Appeals of Oregon · 2017
- Merit v. LoseyOregon Supreme Court · 1952
- Cole v. Zidell Explorations, Inc.Oregon Supreme Court · 1976
- Hurst v. MerrifieldOregon Supreme Court · 1933
7 more not listed; retrieve them via the Exa API.