Coppock v. Roberts

Plaintiffs assign error of the trial court in hearing this cause as a proceeding in equity and assert that the demurrer of plaintiffs to the defendant’s answer should have been sustained. Error is also predicated upon the entry of the decree in favor of respondent.

Section 390, Or. L., provides, among other things, that in an action at law where the defendant is entitled to relief, arising ont of facts requiring the interposition of a court of equity, and material to his defense, he may set such matters up by answer without the necessity of filing a complaint on the equity side of the court.…