Horn v. United Securities Co.
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Wolverton. This is an action by William Horn against the United States Mining, Securities & Trust Co. On June 9, 1904, plaintiff filed a complaint against the above-named defendant, containing three counts, to which the defendant, on October 5, interposed a motion to strike out parts of it.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Wolverton. This is an action by William Horn against the United States Mining, Securities & Trust Co. On June 9, 1904, plaintiff filed a complaint against the above-named defendant, containing three counts, to which the defendant, on October 5, interposed a motion to strike out parts of it. Afterwards, on October l'O, that being the first day of the regular term of the circuit court at Roseburg, the motion was called up by plaintiff’s counsel, and, there being no further appearance in behalf of defendant, it was overruled.…
1Opinion of the Court
Mr. Ohiee Justice WolvertoN
delivered the opinion.
Appellant has made two assignments of error. One pertains to the overruling of the motion to strike out, and the other is with reference to the court’s refusal to vacate the judgment with leave to answer over. The former was not insisted upon in the argument, doubtless because it was deemed frivolous, and without merit, as it really is. The latter requires consideration. The question involved is whether the court abused its discretion in denying the relief sought. The excuse suggested why there was no appearance when the motion was disposed of…
2Cases cited2 opinions
- White v. Northwest Stage Co.Oregon Supreme Court · 1873
- Lovejoy v. Willamette Locks Co.Oregon Supreme Court · 1893
3Cited by4 opinions
- Newbern v. Gas-Ice CorporationOregon Supreme Court · 1972
- Carlson v. Bankers Discount Corp.Oregon Supreme Court · 1923
- Payne v. SavageOregon Supreme Court · 1908
- Schiffman v. RobisonOregon Supreme Court · 1921