Keene v. Eldriedge
Oregon Supreme Court
From Marion : George H. Burnett, Judge. Statement by Mr. Justice Moore. This is an action by A. C. Keene against Nancy 0. Eld-riedge for money had and received to plaintiff’s use. The action was commenced by filing a complaint of which the following, omitting the formal parts, is a copy: “First.
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From Marion : George H. Burnett, Judge. Statement by Mr. Justice Moore. This is an action by A. C. Keene against Nancy 0. Eld-riedge for money had and received to plaintiff’s use. The action was commenced by filing a complaint of which the following, omitting the formal parts, is a copy: “First. That'in Marion County, Oregon, on or about the 6th day of October, 1904, the defendant received from James Goffin, Arthur Goffin, Adolf Goffin, and Yda Goffin, as agent of plaintiff, the sum of $399.48, belonging to and on account of plaintiff, and which is now due. Second. That thereafter, and prior…
1Opinion of the CourtJustice Moore
1. The primary question to be determined is whether or not the complaint states facts sufficient to uphold a judgment, if rendered in plaintiff’s favor. When the sufficiency of a complaint is challenged by demurrer or motion, it must be more strictly construed against the plaintiff than when that question arises on the admission of evidence, in which latter case all intendments in favor of the complaint are to be invoked : Patterson v. Patterson, 40 Or. 560 (67 Pac. 664); McCall v. Porter, 42 Or. 49 (71 Pac. 976); Carlyle v. Sloan, 44 Or. 357 (75 Pac. 217). When a complaint is filed and a…
2Cases cited7 opinions
- McCall v. PorterOregon Supreme Court · 1902
- Patterson v. PattersonOregon Supreme Court · 1902
- Bowen v. EmmersonOregon Supreme Court · 1869
- Waite v. WillisOregon Supreme Court · 1902
- Carlyle v. SloanOregon Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Davis v. Tyee Industries, Inc.Oregon Supreme Court · 1983
- Iwanicki v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Hogan v. Aluminum Lock Shingle Corp.Oregon Supreme Court · 1958
- Duby v. HicksOregon Supreme Court · 1922
- Clarkson v. WongOregon Supreme Court · 1935
7 more not listed; retrieve them via the Exa API.