Dougan v. Van Riper
Oregon Supreme Court
Original proceedings in mandamus. This is a proceeding commenced in this conrt hy J. M. Dongan and B. E. Chrisman, partners doing business as J. M. Dongan Company and J. M. Dongan, for the purpose of compelling, by means of a writ of mandamus, Klamath Connty to pay a money decree previonsly obtained by the plaintiffs against the connty.
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Original proceedings in mandamus. This is a proceeding commenced in this conrt hy J. M. Dongan and B. E. Chrisman, partners doing business as J. M. Dongan Company and J. M. Dongan, for the purpose of compelling, by means of a writ of mandamus, Klamath Connty to pay a money decree previonsly obtained by the plaintiffs against the connty. On March 20, 1918, the plaintiffs, whom we shall hereinafter designate as Dongan, entered into a contract with Klamath Connty for the construction of a conrthonse on block 35 for $131,775. At some time after June 30, 1911, the connty began the construction of…
1Opinion of the CourtHarris, J.
1. The motion to strike assails twelve several portions of the amended answer. Although within some of these several twelve portions are lesser parts which might be properly stricken from the pleading, in each instance the lesser part is accompanied by and connected with other matter properly and rightfully pleaded. 'In other words, the twelve portions, are either entirely material and therefore1 rightfully pleaded or in part material and in part immaterial and, therefore, secure from the attack made by the motion, because to allow the motion in any one of the twelve instances would be to…
2Cases cited3 opinions
- Rose v. Port of PortlandOregon Supreme Court · 1917
- Northup v. HoytOregon Supreme Court · 1897
- Obenchain v. DaggettOregon Supreme Court · 1913
3Cited by4 opinions
- Lawson v. Metropolitan Life InsuranceSupreme Court of South Carolina · 1933
- In re CarnsNew York Supreme Court · 1943
- Roe v. Roosevelt Water Conservation DistrictArizona Supreme Court · 1932
- Lasro Corp. v. Kree Institute of Electrolysis, Inc.New York City Court · 1961