Evarts v. Steger
Oregon Supreme Court
Appeal from Umatilla County.’ Respondent Steger was, on the 12th day of June, 1871, appointed by the County Court of Umatilla County, administrator of the estate of Jacob Yarlett, deceased.
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Appeal from Umatilla County.’ Respondent Steger was, on the 12th day of June, 1871, appointed by the County Court of Umatilla County, administrator of the estate of Jacob Yarlett, deceased. Said Steger as principal, with the other defendants herein as sureties, filed his bond as such administrator, which was approved by the County Court on the 15th day of June, 1871, and thereupon entered upon his duties as such administrator, and continued to act as such until the 5th day of August, 1872, when, on the application of the widow of the deceased, he was removed, on the charge that his…
1Opinion of the Court
By the Court,
Bonham, C. J.:
Plaintiff’s cause having been dismissed by the court below, on motion of defendants’ counsel for decree upon the pleadings, the same was heard and determined in this Court virtually upon the demurrer to the complaint, and is decided upon the third ground thereof, to wit: “Thatthe complaint does not state facts sufficient to constitute a cause of suit.” It is well settled that the objection to the jurisdiction of the court and to the sufficiency of the facts stated to constitute a cause of suit, are not waived by answering over, but may *150thereafter be properly urged…
2Cases cited2 opinions
- Wright & Co. v. HarrisSupreme Court of Iowa · 1871
- Soldini v. HyamsSupreme Court of Louisiana · 1860
3Cited by26 opinions
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1920
- Moore v. HallidayOregon Supreme Court · 1903
- Wyatt v. HendersonOregon Supreme Court · 1897
- Ball v. DoudOregon Supreme Court · 1894
- Thorton v. KrimbellOregon Supreme Court · 1895
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