First Nat. Bank v. Rusk
Oregon Supreme Court
From Union: John W. Knowles, Judge. Statement by Mr. Justice Burnett. This is an action by the First National Bank of Joseph, against John P. Rusk, for money had and received. The complaint begins with a title which reads thus: “In the Circuit Court of the State of Oregon, for Union County. First National Bank of Joseph, a corporation, Plaintiff, v. John P. Rusk, Defendant.”
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From Union: John W. Knowles, Judge. Statement by Mr. Justice Burnett. This is an action by the First National Bank of Joseph, against John P. Rusk, for money had and received. The complaint begins with a title which reads thus: “In the Circuit Court of the State of Oregon, for Union County. First National Bank of Joseph, a corporation, Plaintiff, v. John P. Rusk, Defendant.” In that pleading a cause of action is then stated for a balance due and unpaid on money had and received by the defendant to the use of the plaintiff, concluding with a demand for judgment in the sum of $34.45, with…
1Opinion of the CourtJustice Burnett
It was admitted by the defendant in person at the hearing of this case in this court, that the return of the sheriff indorsed upon the summons was strictly true as therein stated. There are two things of which he complains on his appeal. One is that the blank left for the name of the county in the title of the cause as the same appears in the summons was not filled, and the other is that the summons notifies the defendant that the plaintiff will “take judgment against you as prayed for in its complaint,” instead of stating that the plaintiff would take judgment for a specific sum of money.…
2Cited by12 opinions
- Gendelman v. MongilloSupreme Court of Connecticut · 1921
- Harris v. TaylorSupreme Court of Georgia · 1919
- St. Arnold v. Star Expansion IndustriesOregon Supreme Court · 1974
- Baldine v. KleeOhio Court of Appeals · 1968
- James River National Bank v. HaasNorth Dakota Supreme Court · 1944
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