Mountain Timber Co. v. Case
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice McNary. Plaintiff, the Mountain Timber Company, a corporation, brings this suit against Willard Case by means of a cross-bill to enjoin the defendant from the prosecution of an action at law upon an instrument denominated a promissory note for $37,500, attorneys’ fees, costs and disbursements, and invokes the court for affirmative relief against defendant.
Read the full summary
From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice McNary. Plaintiff, the Mountain Timber Company, a corporation, brings this suit against Willard Case by means of a cross-bill to enjoin the defendant from the prosecution of an action at law upon an instrument denominated a promissory note for $37,500, attorneys’ fees, costs and disbursements, and invokes the court for affirmative relief against defendant. The facts and circumstances inducing the litigation are both complex and voluminous, and for that account the statement herein will be limited to an exposition of the legal…
1Opinion of the CourtJustice McNary
1. The first assignment of error made by plaintiff is directed to the refusal of the trial court to sustain a motion for judgment on the pleadings. The motion was properly denied, as the pleadings presented issues of fact, and while they remained undetermined, no judgment could have been entered on the motion. Such a judgment cannot be given when the answer sets up an issuable defense: Willis v. Holmes, 28 Or. 268 (42 Pac. 989); Watkins v. Southern Pacific Ry. (D. C.), 38 Fed. 712 (4 L. R. A. 239); 23 Cyc. 769.
2. No error was committed by the court in refusing to allow plaintiff to recover…
2Cases cited3 opinions
- Willis v. HolmesOregon Supreme Court · 1895
- Hawkins v. Citizens' Investment Co.Oregon Supreme Court · 1901
- Davis v. . Glenn .Supreme Court of North Carolina · 1875