Thompson v. Hibbs
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Proceeding by T. W. Thompson against J. D. Hibbs and E. H. Jeter. In March, 1903, the plaintiff commenced a proceeding in the circuit coúrt for Multnomah County against the defendants jointly, to recover $205 from each of them, with interest since July 1, 1901. The complaint states, in substance, that plaintiff “for his cause of action” alleges that on December 16,1896, he and the defendants, together with one Rogers, made their joint…
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From Multnomah: John B. Cleland, Judge. Proceeding by T. W. Thompson against J. D. Hibbs and E. H. Jeter. In March, 1903, the plaintiff commenced a proceeding in the circuit coúrt for Multnomah County against the defendants jointly, to recover $205 from each of them, with interest since July 1, 1901. The complaint states, in substance, that plaintiff “for his cause of action” alleges that on December 16,1896, he and the defendants, together with one Rogers, made their joint and several promissory note to the Bank of Forest Grove for $600, due ninety days after date, with interest at the rate…
1Opinion of the CourtJustice Bean
*1451. Before there can be an amended pleading there must, of course, be something to amend, otherwise the pleading when filed will be an original and not an amended one; but, in our opinion there was sufficient in the original complaint to justify the court in permitting an amendment. It contained the title of the court and the names of the parties, alleged the making of the joint and several promissory note by the plaintiff and the two defendants and Rogers, the payment thereof by the plaintiff, the fact that no part of the money so paid by him had been returned except certain sums, the death of…
2Cases cited6 opinions
- Graham v. MerchantOregon Supreme Court · 1903
- State v. MetschanOregon Supreme Court · 1896
- York v. NashOregon Supreme Court · 1903
- Easterly v. . BarberNew York Court of Appeals · 1876
- Beach v. Guaranty Sav. Assoc.Oregon Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sugarman v. OlsenOregon Supreme Court · 1969
- Sevier v. MitchellOregon Supreme Court · 1914
- Rorvik v. North Pac. Lumber Co.Oregon Supreme Court · 1920
- Capper v. TarlowCourt of Appeals of Oregon · 1971
- United States Nat. Bank v. SheflerOregon Supreme Court · 1915