Mulkey v. Day
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Commissioner Slater. This is an appeal from the ruling of the circuit court on a petition to review the judgment of a justice’s court dismissing an action brought by V. F. Mulkey against G. L. Day and his wife. The complaint was filed in the justice’s court on Juné 5, and summons was thereupon issued and served on the 6th.
Read the full summary
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Commissioner Slater. This is an appeal from the ruling of the circuit court on a petition to review the judgment of a justice’s court dismissing an action brought by V. F. Mulkey against G. L. Day and his wife. The complaint was filed in the justice’s court on Juné 5, and summons was thereupon issued and served on the 6th. On the 10th subpcenaes were issued by the justice in behalf of the defendants, and his docket shows an entry that he personally informed plaintiff’s husband that the cause was set for trial for June 12, 1905, 10 o’clock…
1Opinion of the Court
*314Opinion by
Mr. Commissioner Slater.
1. What was technically known at common law as a judgment of "non prosequitur" and "nolle prosequi” and “technical non-suits,” aré now covered and included by the term “nonsuits,” as defined by our Code: Buena Vista Freestone Co. v. Parrish, 34 W. Va. 652 (12 S. E. 817). Mr. Justice Bean, in Hoover v. King, 43 Or. 281, 286 (72 Pac. 880, 882: 65 L. R. A. 790: 99 Am. St. Rep. 754), says: “A judgment dismissing a complaint in an action at law is a proceeding unknown to the statute, and does not nec'essarily determine any of the issues involved. Costs are but an…
2Cases cited3 opinions
- Hoover v. KingOregon Supreme Court · 1903
- Johns v. Marion CountyOregon Supreme Court · 1870
- Buena Vista Freestone Co. v. ParrishWest Virginia Supreme Court · 1891
3Cited by9 opinions
- Farris v. United States Fidelity and Guaranty Co.Oregon Supreme Court · 1975
- Lovell v. PottsOregon Supreme Court · 1924
- Johnstone v. Chapman Timber Co.Oregon Supreme Court · 1916
- Quick v. AndresenOregon Supreme Court · 1964
- Sprague v. AstoriaOregon Supreme Court · 1922
4 more not listed; retrieve them via the Exa API.