Giant Powder Co. v. Oregon Western Ry. Co.

On Motion to Dismiss.

1

Per Curiam :

This suit was brought to foreclose a lien on the right of way and roadbed of defendant railway company for materials furnished a grading contractor. The defendant demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of suit. The demurrer was sustained. The entry of the record is as follows: “After consideration of the briefs filed in said cause, it is ordered and adjudged that said demurrer be and is hereby sustained.”' The plaintiff appealed to this court from such order, and the transcript was filed in due…