Wiley v. Whitney
Oregon Supreme Court
From Linn: William Galloway, Judge. Department 2. Statement Per Curiam. This is a suit by Elizabeth Wiley against J. J. Whitney, Lizzie Whitney, Arthur Stitts, Fred Wadtli and Will Putnam.
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From Linn: William Galloway, Judge. Department 2. Statement Per Curiam. This is a suit by Elizabeth Wiley against J. J. Whitney, Lizzie Whitney, Arthur Stitts, Fred Wadtli and Will Putnam. The substance of the complaint is that the plaintiff, Elizabeth Wiley, is and at all the times stated has been the owner in fee of the donation land claim of Andrew and Lucy Wiley, in Linn County, Oregon, containing 321.75 acres, and that she is in the sole possession thereof; that without her consent the defendants, about December 10, 1911, forcibly entered upon the land and unlawfully cut and removed…
1Opinion of the Court
Opinion
2Per curiam 1
1. Whether the allegations of the complaint and the reply are so inconsistent as to amount to a variance is unimportant. A statement of matter in a reply, set forth as a cause of suit, which averments do not amplify, support or fortify the allegations of the complaint, cannot be so prejudicial in a suit in equity, .where the issues are tried by the court, as in an action at law, where the disputed questions to which the par*99ties have narrowed their several averments'are to he tried by a jury: Brown v. Baker, 39 Or. 66 (65 Pac. 799, 66 Pac. 193). No showing was made at the trial that the…
Also in this document: Per curiam 2.
3Cases cited2 opinions
- Brown v. BakerOregon Supreme Court · 1901
- People v. KafouryCalifornia Court of Appeal · 1911
4Cited by1 opinion
- Compton v. PerkinsOregon Supreme Court · 1933