Cain v. Harden
Oregon Supreme Court
Error to Washington. John Harden, defendant in error, brought suit against plaintiff in error, in the County Court of "Washington County, and the defendant below was defaulted.
Read the full summary
Error to Washington. John Harden, defendant in error, brought suit against plaintiff in error, in the County Court of "Washington County, and the defendant below was defaulted. From this the defendant took his appeal to the Circuit Court, and, at the calling of the cause, moved for leave to put in an answer, the motion being supported by affidavits, to the effect that, at the time of the trial in the County Court, the defendant below was insane, so far as to be incapable of attending to his business. The court overruled the motion for leave, and refused to hear the affidavits.
1Opinion of the CourtStratton, J.
The first and most important question presented for consideration is, as to the right of the appellant to put in an answer in the Circuit Court, having failed to appear and plead below. Session Laws, 1859, section 15 of the act organizing the County Courts of this State, provides, that “ all cases removed from the County Court, whether in civil or criminal cases, shall stand for trial in the Circuit Court, on the papers and pleadings filed by the parties in said County Court; provided, that either party may amend on such terms, as to costs, as the law, or the rules of the Circuit Court, may…
2Cited by3 opinions
- Gilliam County v. Wasco CountyOregon Supreme Court · 1886
- Kelley v. AndrewColorado Court of Appeals · 1893
- Kelley v. AndrewColorado Court of Appeals · 1893