Long v. Sharp
Oregon Supreme Court
Appeal from Linn County. This action was first begun and tried in a Justice’s Court, to recover $150 damages for breach of a contract for leasing a farm. A part of defendant’s answer was stricken out on motion, and a demurrer of plaintiff to the remaining part was sustained. No further answer having been filed, judgment was rendered in favor of the plaintiff, for want of answer, for the amount claimed and for costs and disbursements.
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Appeal from Linn County. This action was first begun and tried in a Justice’s Court, to recover $150 damages for breach of a contract for leasing a farm. A part of defendant’s answer was stricken out on motion, and a demurrer of plaintiff to the remaining part was sustained. No further answer having been filed, judgment was rendered in favor of the plaintiff, for want of answer, for the amount claimed and for costs and disbursements. From this judgment the defendant appealed to the Circuit Court, where the appeal was dismissed, upon the ground that the judgment appealed from was rendered for…
1Opinion of the Court
By the Court,
Brim, J.:
It is claimed by counsel for appellant that, inasmuch as it has been held by this Court that a demurrer to a complaint is a sufficient answer, within the meaning of g 526 of the Code of Civil Procedure, to authorize an appeal to the Supreme Court from the judgment of the Circuit Court thereon, that it must follow that the same rule would apply to an appeal from a justice of the peace to the Circuit Court.
This position of counsel is based upon the fact that § 67 of the Justice’s Code, which provides for appeals to the Circuit Court, is very similar to the provisions of §…
2Cited by9 opinions
- Whipple v. Southern Pacific Co.Oregon Supreme Court · 1899
- Leavenworth, Topeka & Southwestern Railway Co. v. ForbesSupreme Court of Kansas · 1887
- State ex rel. Pacific Coast Steamship Co. v. Superior CourtWashington Supreme Court · 1895
- Kearns v. FollansbyOregon Supreme Court · 1888
- Moore v. RennickDistrict Court, D. Alaska · 1901
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