Garrison v. Goodale
Oregon Supreme Court
Lane County: Martin L. Pipes, Judge. Action by S. O. Garrison against J. C. Goodale on an oral agreement to pay a chattel mortgage. From a judgment for plaintiff, defendant appeals. This is an action brought upon a complaint which, in substance, shows that on.
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Lane County: Martin L. Pipes, Judge. Action by S. O. Garrison against J. C. Goodale on an oral agreement to pay a chattel mortgage. From a judgment for plaintiff, defendant appeals. This is an action brought upon a complaint which, in substance, shows that on. July 3, 1889, one W. H. Striker executed and delivered to plaintiff his promissory note for $1,250, payable in one day from that date, and in order to secure the payment thereof, at nhe same time executed and delivered to plaintiff his chattel mortgage upon a quantity of saw-logs, which mortgage was duly filed and became a lien thereon;…
1Opinion of the CourtMoore, J.
(after stating the facts). — 1. Section 101 of Hill's Code provides that “the court may, at any time beforec,trial, in furtherance of justice, and upon such terms as may be proper, allow any pleading or proceeding to be amended, * * * when the amendment does not substantially change the cause of action or defense. ” In Mitchell v. Campbell, 14 Or. 457 (13 Pac. Rep. 190), Strahan, J., lays down the rule as follows: “In ordinary cases, the court will not interefere with the discre tion of the trial court in matters of practice before it. The law has wisely vested those courts with very large…
2Cases cited16 opinions
- People v. VernonCalifornia Supreme Court · 1868
- Hinchcliffe v. KoontzIndiana Supreme Court · 1890
- Swift v. MulkeyOregon Supreme Court · 1886
- Carter v. BuchannonSupreme Court of Georgia · 1847
- Durham v. ShannonIndiana Supreme Court · 1888
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3Cited by16 opinions
- York v. NashOregon Supreme Court · 1903
- Roots v. Boring Junction Lumber Co.Oregon Supreme Court · 1907
- Le Clare v. ThibaultOregon Supreme Court · 1902
- Nunn v. BirdOregon Supreme Court · 1900
- Baker v. BROOKMEAD DAIRY, INC.Oregon Supreme Court · 1962
11 more not listed; retrieve them via the Exa API.