Gardner v. McWilliams
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. This is an action by John W. Gardner against D. C. McWilliams to recover money. It is alleged in the complaint that plaintiff pastured certain horses and cattle for defendant at his request from September 1, 1900, to March 6, 1901, for Avhich he promised to pay a reasonable sum; that such pasturage was reasonably worth $261.02., no part of which has been paid.
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From Douglas: James W. Hamilton, Judge. This is an action by John W. Gardner against D. C. McWilliams to recover money. It is alleged in the complaint that plaintiff pastured certain horses and cattle for defendant at his request from September 1, 1900, to March 6, 1901, for Avhich he promised to pay a reasonable sum; that such pasturage was reasonably worth $261.02., no part of which has been paid. For a second cause of action, it is alleged that about December 15, 1900, plaintiff loaned defendant $8.50, which he promised to pay the next day, but that he failed to pay any part thereof. The…
1Opinion of the CourtChief Justice Moore
It is contended by defendant’s counsel that the reference in the second separate defense to the facts thereinbefore stated in the answer was an allusion to matters of inducement only, which were thus properly incorporated in, and became a part of, the second separate defense, and that, this being so, the court erred in striking out the latter defense. The statute-prescribing the manner of averring new matter in an answer, so far as material herein, is as follows: ‘ ‘ The defendant may set forth by answer as many defenses and counterclaims as he may have. They shall be separately stated, and…
2Cases cited12 opinions
- Fry v. BennettThe Superior Court of New York City · 1851
- Anderson v. CoburnWisconsin Supreme Court · 1871
- Haskell v. HaskellCalifornia Supreme Court · 1880
- Freeland v. McCulloughCourt for the Trial of Impeachments and Correction of Errors · 1845
- Henke v. Eureka Endowment Ass'n of Cal.California Supreme Court · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. MartinOregon Supreme Court · 1919
- Moore v. HallidayOregon Supreme Court · 1903
- Casner v. HoskinsOregon Supreme Court · 1912
- Fleishman v. MeyerOregon Supreme Court · 1905
- Young v. StickneyOregon Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.