Hirschfeld v. McCullagh
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice Burnett. This is an action by Leo Hirschfeld against J. S. Mc-Cullagh to recover an amount alleged to be due on a promissory note.
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From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice Burnett. This is an action by Leo Hirschfeld against J. S. Mc-Cullagh to recover an amount alleged to be due on a promissory note. The complaint contains these allegations : “(1) That heretofore on the 28th day of March, 1910, at Portland, Oregon, defendant herein, for value, made and executed to the Laemmle Film Service of Chicago, Illinois, a corporation, his promissory note in letters, words, and figures as follows, to-wit: ‘$9,000.00. Portland, Oregon. March 28, 1910. For value received I promise to pay to the Laemmle Film…
1Opinion of the CourtJustice Burnett
It appears from the records that the circuit court entered two orders in this case on July 31, 1911, one dismissing the plea in abatement, so called, and the other rendering final judgment against the defendant as for want of an answer for the sum of money demanded in the complaint.
1. The defendant gave notice of appeal from the final judgment. The plaintiff argues that, not having in terms appealed from the order dismissing the plea in abatement, the defendant is in no position here to have this court *509determine the questions arising on the plea. Something was also said in the debate at the…
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