Conn v. Oregon Electric Ry. Co.

The first assignment of error relates to the ruling of the court on plaintiff’s demurrer to defendant’s second separate answer and defense, wherein the judgment of the trial court in a former action was pleaded as a bar.

Turning to our Code, we read:

“A judgment of nonsuit may be given against the plaintiff * * * on motion of the defendant * * * when, upon the trial, the plaintiff fails to prove a cause sufficient to be submitted to the jury”: Oregon Code 1930, § 2-1001.

It further provides:

‘‘When a judgment of nonsuit is given, the action is dismissed; but such judgment shall not have the…