Rogue River Mining Co. v. Walker
Oregon Supreme Court
Error to Jaoleson. This cause comes here from the Circuit Court of Jackson County, where it was originally brought. It is an action on account for labor, board, goods sold, &c.
Read the full summary
Error to Jaoleson. This cause comes here from the Circuit Court of Jackson County, where it was originally brought. It is an action on account for labor, board, goods sold, &c. The answer denied the indebtedness, and then set up, as a special defence, that said company was governed by certain bylaws, which required all contracts (for goods sold, board, and the like, as set up in the complaint) should be entered into only by the unanimous consent of a board of managers, who were named in said by-laws, and alleged that such unanimous consent was not obtained to such contracts, and that…
1Opinion of the CourtBoise, J.
The four first grounds of error may be disposed of together. The first is, that the court erred in striking out *343a part of defendant’s answer. The second alleges the same thing in a different form. The third and fourth erred, in not allowing Nicholas Pickle to file his separate answer.
I do not propose to examine the merits of these proceedings of the court below, for the reason that these four errors, if errors at all, were waived; for, being acquiesced in by the defendant in the court below, and not excepted to, any supposed irregularity in these respects was waived, and cannot now be taken…
2Cited by7 opinions
- White v. Northwest Stage Co.Oregon Supreme Court · 1873
- Duncan Lumber Co. v. Willapa Lumber Co.Oregon Supreme Court · 1919
- Woodburn Lodge No. 102 v. WilsonOregon Supreme Court · 1934
- Herrick v. WallaceOregon Supreme Court · 1925
- Ogden L. & I. Ry. Co. v. JonesUtah Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.