Nye v. Bill Nye Milling Co.
Oregon Supreme Court
From Jackson: Hiero K. Hanna, Judge. Statement by Mr. Justice Moore. This is an action by N. B. Nye. against the Bill Nye Gold Mining .& Milling Co. to recover the sum of $800 for services alleged to have been perfomerd by plaintiff for the defendant, a private corporation. - A former judgment having been reversed (42 Or. 560, 71 Pac. 1043), the cause was remanded, and an amended complaint filed September 15, 1903, in pursuance ■of previous leave of court.
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From Jackson: Hiero K. Hanna, Judge. Statement by Mr. Justice Moore. This is an action by N. B. Nye. against the Bill Nye Gold Mining .& Milling Co. to recover the sum of $800 for services alleged to have been perfomerd by plaintiff for the defendant, a private corporation. - A former judgment having been reversed (42 Or. 560, 71 Pac. 1043), the cause was remanded, and an amended complaint filed September 15, 1903, in pursuance ■of previous leave of court. On that day the defendant’s counsel moved to set aside the order permitting the amended complaint to be filed, and, as a condition…
1Opinion of the CourtJustice M-oore
1. It is contended by defendant’s counsel that, the judgment given at the first trial having been reversed by reason of the insufficiency of the complaint (42 Or. 560, 71 Fac. 1043), the court erred in permitting that pleading to be amended, without requiring plaintiff to pay the costs and disbursements incurred by the defendant at such trial in the circuit and supreme courts. The costs and disbursements of the former trial, for the pay*305ment of which the defendant was liable, became, on a reversal of the judgment, a valid charge against plaintiff, which he should reimburse: B. & C. Comp. §…
2Cases cited11 opinions
- Thompson v. ConnellOregon Supreme Court · 1897
- Powell v. D. S. & G. R. R.Oregon Supreme Court · 1886
- Hanthorn v. OliverOregon Supreme Court · 1897
- Coos Bay Navigation Co. v. EndicottOregon Supreme Court · 1899
- Lieuallen v. MosgroveOregon Supreme Court · 1900
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3Cited by7 opinions
- Carmichael v. CarmichaelOregon Supreme Court · 1921
- Grover v. HawthorneOregon Supreme Court · 1911
- Eaid v. National Casualty Co.Oregon Supreme Court · 1927
- Carlson v. Bankers Discount Corp.Oregon Supreme Court · 1923
- La Grande v. Portland Public MarketOregon Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.