Waite v. Willis
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. This is an action by F. B. Waite, the executor of the last will and testament of Fendal Sutherlin, deceased, against William It. Willis.
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From Douglas: James W. Hamilton, Judge. This is an action by F. B. Waite, the executor of the last will and testament of Fendal Sutherlin, deceased, against William It. Willis. Among other things, it is alleged by the complaint “that on or about the 18th day of September, 1901, the above named defendant, W. R. Willis, received and had for the use and benefit of plaintiff, from---Crouch, the sum of $334.05, in lawful money of the United States. ’ ’ Then follow allegations of demand, the refusal to deliver, etc., and a prayer for judgment for the sum named. To this the defendant answered that…
1Opinion of the CourtJustice Wolverton
1. A question of practice is suggested at the outset, to the effect that by demurring to the complaint the defendant waived his plea in abatement; but it will be more satisfactory to reach a conclusion upon the sufficiency of the complaint, on the one hand, and that of the answer, on the other, and thereby finally settle the controversy. The specific objection to the complaint is that it does not appear therefrom'that the defendant has money in his hands belonging to plaintiff. By a slight transposition of the phraseology, which will indicate more clearly the idea of the pleader, it alleges…
2Cases cited4 opinions
- Hammer v. DowningOregon Supreme Court · 1901
- Muldrick v. GalbraithOregon Supreme Court · 1897
- Stewart v. PhyOregon Supreme Court · 1884
- DeLamater v. McCaskieNew York Surrogate's Court · 1886
3Cited by16 opinions
- Gow v. MauryMontana Supreme Court · 1923
- Hogan v. Aluminum Lock Shingle Corp.Oregon Supreme Court · 1958
- Pickett's WillOregon Supreme Court · 1907
- In Re Lachmund's EstateOregon Supreme Court · 1946
- Bates v. Capital State BankIdaho Supreme Court · 1910
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