Ferguson v. Ingle
Oregon Supreme Court
From Benton: J. W. Hamilton, Judge. This is an action for money by E. W. Ferguson and others against J. W. Ingle. The defendant, after denying the material allegations of the complaint, set up a counterclaim, and, a demurrer thereto having been sustained, the plaintiffs, by leave of the court, filed an amended complaint, and immediately moved for a judgment of non-suit. which being denied, the defendant filed an amended answer.
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From Benton: J. W. Hamilton, Judge. This is an action for money by E. W. Ferguson and others against J. W. Ingle. The defendant, after denying the material allegations of the complaint, set up a counterclaim, and, a demurrer thereto having been sustained, the plaintiffs, by leave of the court, filed an amended complaint, and immediately moved for a judgment of non-suit. which being denied, the defendant filed an amended answer. A reply having put in issue the new matter in ,the answer, a trial was had, resulting in a judgment for defendant, and plaintiffs appeal.
1Opinion of the CourtJustice Moore
1. It is contended by plaintiffs’ counsel that the court erred in refusing to grant a voluntary nonsuit requested by their clients; while defendant’s counsel insist that, -the motion therefor not having specified the ground upon which it was predicated, no- error was committed in this respect. Considering these questions in inverse order, the rule is well settled that the motion of an adverse party for a nonsuit must specify the grounds therefor, and, unless it does so, an appellate court will not review the action of the trial court in denying the motion: 14 Enc. Pl. & Prac. 117, 136; Silva…
2Cases cited8 opinions
- Wright v. Fire InsuranceMontana Supreme Court · 1892
- Carney v. DuniwayOregon Supreme Court · 1899
- Flynn v. DoughertyCalifornia Supreme Court · 1891
- Wells v. ApplegateOregon Supreme Court · 1885
- Currie v. Southern Pacific Co.Oregon Supreme Court · 1893
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3Cited by20 opinions
- State v. PageSupreme Court of Kansas · 1899
- Cain v. Gold Mountain Mining Co.Montana Supreme Court · 1903
- Vancil v. PoulsonOregon Supreme Court · 1964
- Armsby v. Grays Harbor Commercial Co.Oregon Supreme Court · 1912
- Daniels v. Foster & KleiserOregon Supreme Court · 1920
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