Siegman v. Siegman

It is plaintiff’s contention that no sufficient counterclaim was pleaded by defendants. This is the main question in the case. Section 2-1001, Oregon Code 1930, provides that a judgment for a nonsuit may be given against the plaintiff, (1) on motion of the plaintiff, at any time before trial, unless a counterclaim has been pleaded as a defense; (2) on motion of either party, upon the written consent of the other filed with the clerk; (3) on motion of the defendant, when the action is called for trial, and the plaintiff fails to appear, or when after the trial has begun, and before the final…