Legal Opinion

Ferguson v. Ingle

Oregon Supreme Court

Decided November 19, 1900PublishedCited by 20 opinions

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

  1. Wright v. Fire InsuranceMontana Supreme Court · 1892
  2. Carney v. DuniwayOregon Supreme Court · 1899
  3. Flynn v. DoughertyCalifornia Supreme Court · 1891
  4. Wells v. ApplegateOregon Supreme Court · 1885
  5. Currie v. Southern Pacific Co.Oregon Supreme Court · 1893

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3Cited by20 opinions

  1. State v. PageSupreme Court of Kansas · 1899
  2. Cain v. Gold Mountain Mining Co.Montana Supreme Court · 1903
  3. Vancil v. PoulsonOregon Supreme Court · 1964
  4. Armsby v. Grays Harbor Commercial Co.Oregon Supreme Court · 1912
  5. Daniels v. Foster & KleiserOregon Supreme Court · 1920

15 more not listed; retrieve them via the Exa API.

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