Chance v. Carter
Oregon Supreme Court
From Yamhill: Harry H. Belt, Judge. In Banc. Statement by Mr. Justice Harris. This is an action of ejectment by Martha A. Chance against C. C. Carter.
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From Yamhill: Harry H. Belt, Judge. In Banc. Statement by Mr. Justice Harris. This is an action of ejectment by Martha A. Chance against C. C. Carter. The body of the complaint, omitting the description of the land, is here set forth in full: “That the said plaintiff is the owner in fee simple of the [land described]; that the said plaintiff is entitled to the possession of the said described real property and the whole thereof; that the said defendant wrongfully withholds the possession of the said described real property from the said plaintiff to her damage.” After denying the alleged…
1Opinion of the CourtJustice Harris
1. The plaintiff argues that she had an absolute . right voluntarily to dismiss the action, and that by force of the statute the court was obliged to allow the motion. The validity of the order denying the motion for a voluntary nonsuit depends upon whether the answer in the action of ejectment presents a counterclaim within the meaning of Section 182, L. O. L., which provides that:
“A judgment of nonsuit may be given against the plaintiff as provided in this chapter:
“1. On motion of the plaintiff, at any time before trial, unless a counterclaim has been pleaded as a defense.”
Precedents have…
2Cases cited20 opinions
- Craft Refrigerating MacHine Co. v. Quinnipiac Brewing Co.Supreme Court of Connecticut · 1893
- Ex parte JermanOregon Supreme Court · 1910
- Krausse v. GreenfieldOregon Supreme Court · 1912
- Loewenberg v. RosenthalOregon Supreme Court · 1889
- Ferguson v. IngleOregon Supreme Court · 1900
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- FOUCHEK v. JanicekOregon Supreme Court · 1950
- L. B. Menefee Lumber Co. v. MacDonaldOregon Supreme Court · 1927
- McCargar v. WileyOregon Supreme Court · 1924
- State v. Pacific Live Stock Co.Oregon Supreme Court · 1919
- Pfleeger v. SWANSONOregon Supreme Court · 1961
9 more not listed; retrieve them via the Exa API.