Wells v. Applegate
Oregon Supreme Court
Douglas County. Defendant appeals. This cause was before this court at the March term, 1883„ when it was reversed and remanded for further proceedings. At the next ensuing term of the Circuit Court, the plaintiff filed an-amended compliant. Defendant filed a second amended answer, denying the material allegations of the complaint, and setting-up as new matter several counter-claims.
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Douglas County. Defendant appeals. This cause was before this court at the March term, 1883„ when it was reversed and remanded for further proceedings. At the next ensuing term of the Circuit Court, the plaintiff filed an-amended compliant. Defendant filed a second amended answer, denying the material allegations of the complaint, and setting-up as new matter several counter-claims. Part of such new matter was stricken out on motion and a demurrer to the-remainder was sustained, whereupon defendant filed a third amended answer, containing only denials of the allegations of' the complaint.…
1Opinion of the CourtWaldo, C. J.
A part of the second amended answer was; struck out on motion, and a demurrer was sustained to another part setting up a counter-claim. Defendant thereupon filed, another answer purporting to be a new answer, but which it is-now argued is not such, because it was but a copy of the former-answer with the parts objected to left out; and even if it were a new answer, it is argued that exceptions to the order striking cut and in sustaining the demurrer were not waived. Suppose the answer to be what it purports to be—a new answer. Then the rule is, when a demurrer is overruled and the party…
2Cases cited7 opinions
- Young v. MartinSupreme Court of the United States · 1869
- Brown v. Saratoga RailroadNew York Court of Appeals · 1859
- Bowles v. DobleOregon Supreme Court · 1884
- Tennant v. PfisterCalifornia Supreme Court · 1873
- Earp v. Commissioners of Putnam CountyIndiana Supreme Court · 1871
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3Cited by24 opinions
- Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
- Moore v. West Lawn Memorial Park, Inc.Oregon Supreme Court · 1973
- Rogue River Management Co. v. ShawOregon Supreme Court · 1966
- Voyt v. Bekins Moving & Storage Co.Oregon Supreme Court · 1941
- Natwick v. MoyerOregon Supreme Court · 1945
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