Simpson v. Prather
Oregon Supreme Court
Appeal from Polk County. This cause was tried in the Circuit Court of the State of Oregon for the County of Polk, at the November term, 1873. On August 24, 1872, judgment was given in Justice’s Court for Lucldamute Precinct, in said county, in favor of Allen Simpson, and against oné Moses W. Hart, for one hundred and eight dollars, costs and disbursements.
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Appeal from Polk County. This cause was tried in the Circuit Court of the State of Oregon for the County of Polk, at the November term, 1873. On August 24, 1872, judgment was given in Justice’s Court for Lucldamute Precinct, in said county, in favor of Allen Simpson, and against oné Moses W. Hart, for one hundred and eight dollars, costs and disbursements. On August 30 said Hart appealed to the Circuit Court and filed an undertaking on appeal, which was duly executed by Moses W. Hart, William Prathe'r and E. W. Russell, by which said parties jointly and severally undertook that Hart would pay…
1Opinion of the Court
By the Court,
McArthur, J.:
The first error assigned is that the court erred in overruling the demurrer. As has been stated, the demurrer is a general one, and the rule is well settled that if, from inspection of the pleading, the whole, or any part thereof, can be resolved into a cause of action, the demurrer must be overruled. (People v. Mayer, 21 Barb. 240.) The principal objection urged to the complaint is, that it does not show that the judgment was affirmed, but simply that it was dismissed. The respondent claims that the dismissal of the appeal operated as an affirmance of the judgment.…
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