Capalija v. Kulish
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. In Banc. The plaintiff commenced an action against the defendant for damages for breach of a contract, the substance of the complaint in which is, that the defendant hired the plaintiff as a member of the former’s fishing crew for the fishing season of 1919, agreeing to pay the plaintiff a share of the net proceeds of the season’s catch; and that the plaintiff entered upon the performance of the contract about May 25,1919, and continued…
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From Clatsop: James A. Eakin, Judge. In Banc. The plaintiff commenced an action against the defendant for damages for breach of a contract, the substance of the complaint in which is, that the defendant hired the plaintiff as a member of the former’s fishing crew for the fishing season of 1919, agreeing to pay the plaintiff a share of the net proceeds of the season’s catch; and that the plaintiff entered upon the performance of the contract about May 25,1919, and continued until August 10th of that year, when the defendant wrongfully discharged him and refused to pay him anything for the…
1Opinion of the CourtBurnett, C. J.
1. Much is said in opposition to defendant’s contention for leave to file his answer, about his dilatory tactics in filing first a motion to make the complaint more definite and certain, and afterwards demurring to the same. Those things were res adjudicatae and were past considerations. It was determined by the court that the defendant should have until November 3d in which to answer and it was his duty to answer at that time, unless prevented by some unavoidable occurrence. This is the question for disposition.
2. As stated in the plaintiff’s brief, the rule is that “to justify setting aside…
2Cases cited8 opinions
- Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
- Hanthorn v. OliverOregon Supreme Court · 1897
- Stivers v. ByrkettOregon Supreme Court · 1910
- Nye v. Bill Nye Milling Co.Oregon Supreme Court · 1905
- Hall v. McCanOregon Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lake v. LakeWyoming Supreme Court · 1947
- Snyder v. Consolidated Highway Co.Oregon Supreme Court · 1937
- McAuliffe v. McAuliffeOregon Supreme Court · 1931
- Astoria Savings Bank v. NormandOregon Supreme Court · 1928
- Ong v. IdlemanOregon Supreme Court · 1923
4 more not listed; retrieve them via the Exa API.