Cline v. Cline
Multnomah County Circuit Court, Oregon
This cause was submitted on the defendant’s motion to strike out parts of the complaint. The facts are stated in the opinion.
1Opinion of the CourtUpton, J.
The defendant moves to strike ont several designated parts of the complaint, and as to each part-, puts the motion on the ground that the part is irrelevant, immaterial, sham, and the. statement of evidence. • The motion, as a whole, embraces every part of the complaint, and much of the argument has been addressed to the question whether the complaint states facts sufficient to constitute a cause of action.
I do not deem that question properly raised by this motion. If a complaint is filed in good faith and presents- issuable facts, and the defendant desires to raise the question whether the…
2Cases cited1 opinion
- Green v. PalmerCalifornia Supreme Court · 1860
3Cited by3 opinions
- Hubbard v. Olsen-Roe Transfer Co.Oregon Supreme Court · 1924
- Fitch v. CornellU.S. Circuit Court for the District of Oregon · 1870
- State v. CollinsWest Virginia Supreme Court · 1910